SB1398 Availability of Marijuana for Adult Use

Current Bill Text

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Florida Senate
-
2026

SB 1398

By
Senator Smith

17-00091A-26 20261398__
1 A bill to be entitled
2 An act relating to the availability of marijuana for
3 adult use; amending s. 212.08, F.S.; revising the
4 sales tax exemption for the sale of marijuana and
5 marijuana delivery devices to apply only to purchases
6 by qualified patients and caregivers; amending s.
7 381.986, F.S.; revising definitions; revising
8 background screening requirements for caregivers;
9 revising provisions related to the licensure and
10 functions of medical marijuana treatment centers
11 (MMTCs); requiring the Department of Health to adopt
12 by rule certain standards, procedures, and
13 requirements; requiring the department to adopt by
14 rule a specified MMTC registration form; providing
15 registration requirements; providing that a
16 registration expires after a specified time; requiring
17 an MMTC to obtain separate operating licenses to
18 perform certain operations; specifying application
19 requirements for MMTCs to obtain cultivation licenses
20 and processing licenses; providing for the expiration
21 and renewal of such licenses; requiring an MMTC to
22 obtain a facility permit before cultivating or
23 processing marijuana at the facility; authorizing
24 MMTCs licensed to cultivate or process marijuana to
25 use contractors to assist with the cultivation and
26 processing of marijuana; providing that a licensee is
27 ultimately responsible for all operations relating to
28 the cultivation and processing and for maintaining
29 physical possession of the marijuana at all times;
30 requiring that work done by contractors be performed
31 at permitted facilities; requiring licensees using a
32 contractor to register the contractor’s principals and
33 employees under certain circumstances; providing that
34 such principals and employees may not begin
35 participating in the operations until they have
36 received an identification card from the department;
37 providing for the destruction of certain marijuana
38 byproducts within a specified timeframe after their
39 production; authorizing MMTCs licensed to cultivate
40 and process marijuana to sell marijuana at wholesale
41 to other registered MMTCs only if certain conditions
42 are met; prohibiting an MMTC from transporting or
43 delivering marijuana outside of its property without a
44 transportation license; providing requirements for the
45 cultivation and processing of marijuana; deleting a
46 requirement that each MMTC produce and make available
47 for purchase at least one low-THC cannabis product;
48 deleting certain tetrahydrocannabinol limits for
49 edibles; requiring an MMTC that holds a license for
50 processing to test marijuana before it is sold in
51 addition to when it is dispensed; deleting obsolete
52 language; revising packaging requirements for
53 marijuana and edibles; providing application
54 requirements for an MMTC to obtain a retail license;
55 providing for the expiration and renewal of a retail
56 license; requiring an MMTC to obtain a facility permit
57 before selling, dispensing, or storing marijuana in a
58 facility; requiring an MMTC to cease certain
59 operations in a facility under certain circumstances;
60 prohibiting a dispensing facility from repackaging or
61 modifying marijuana that has already been packaged for
62 sale; providing exceptions; authorizing a retail
63 licensee to contract with an MMTC that has a
64 transportation license to transport marijuana for the
65 retail licensee under certain circumstances;
66 prohibiting onsite consumption or administration of
67 marijuana at a dispensing facility; revising
68 requirements for the dispensing of marijuana by an
69 MMTC licensed for retail; requiring an MMTC licensed
70 for retail to include specified information on the
71 label for marijuana or a marijuana delivery device
72 dispensed to a qualified patient or caregiver;
73 authorizing an MMTC to sell marijuana to an adult 21
74 years of age or older under certain circumstances;
75 requiring MMTC employees to verify the age of such
76 buyers using specified methods; prohibiting an MMTC
77 from requesting or storing a buyer’s personal
78 information other than that needed to verify the
79 buyer’s age; revising a provision prohibiting an MMTC
80 from dispensing or selling specified products;
81 revising safety and security requirements for MMTCs;
82 providing application requirements for an MMTC to
83 obtain a transportation license; prohibiting the
84 transportation of marijuana on certain properties;
85 requiring that marijuana be transported only in
86 vehicles owned or leased by a licensee or the
87 licensee’s contractor and appropriately permitted by
88 the department; providing a process and requirements
89 for MMTCs to obtain a vehicle permit; requiring MMTCs
90 to designate a registered employee or contract
91 employee as the driver for each permitted vehicle;
92 requiring proof of such designation to be displayed in
93 the vehicle at all times; requiring that each
94 permitted vehicle be monitored using GPS technology;
95 providing for the expiration and cancellation of
96 vehicle permits; providing that specified persons may
97 inspect and search a permitted vehicle transporting
98 marijuana without a search warrant; authorizing an
99 MMTC licensed to transport marijuana and marijuana
100 delivery devices to deliver or contract for the
101 delivery of marijuana and marijuana delivery devices
102 to other MMTCs within this state, to qualified
103 patients and caregivers within this state, and to
104 adults 21 years of age or older within this state;
105 specifying that a county or municipality may not
106 prohibit deliveries of marijuana or marijuana delivery
107 devices to qualified patients and caregivers within
108 that county or municipality; requiring an MMTC
109 delivering marijuana or a marijuana delivery device to
110 a qualified patient or his or her caregiver to verify
111 the identity of the qualified patient; requiring an
112 MMTC or its contractor delivering marijuana to an
113 adult 21 years of age or older to verify his or her
114 age; providing requirements for such verification;
115 requiring the department to adopt certain rules for
116 the delivery of marijuana; authorizing MMTCs to use
117 contractors to assist with the transportation of
118 marijuana; specifying that an MMTC is responsible for
119 a contractor’s actions and operations related to the
120 transportation of marijuana; requiring an MMTC to know
121 the location of all of its marijuana products at all
122 times; requiring principals and employees of a
123 contractor to register with the department and receive
124 an MMTC employee identification card before
125 participating in the operations of an MMTC; providing
126 for the permitting of cultivation, processing,
127 dispensing, and storage facilities; requiring the
128 department to adopt by rule a facility permit
129 application form; requiring the department to inspect
130 a facility before issuing a permit; requiring the
131 department to issue or deny a facility permit within a
132 specified timeframe; providing for the expiration of
133 facility permits; requiring the department to inspect
134 a facility for compliance before the renewal of a
135 facility permit; requiring an MMTC whose facility
136 permit expires or is suspended or revoked to cease
137 applicable operations until the department takes
138 certain actions; requiring cultivation facilities and
139 processing facilities to be insured with specified
140 hazard and liability insurance; providing requirements
141 for the location of cultivation facilities and
142 processing facilities; preempting to the state all
143 matters regarding the permitting and regulation of
144 cultivation facilities and processing facilities;
145 requiring dispensing facilities and storage facilities
146 to be insured with specified hazard and liability
147 insurance; providing requirements for the location of
148 dispensing facilities and storage facilities;
149 clarifying that the governing body of a county or a
150 municipality may prohibit or limit the number of
151 dispensing facilities located within its jurisdiction
152 but may not prohibit an MMTC licensed for retail or
153 its permitted storage facility from being located in
154 such county’s or municipality’s jurisdiction if the
155 MMTC is delivering marijuana to qualified patients in
156 that jurisdiction; prohibiting the department from
157 issuing a facility permit for a dispensing facility in
158 a county or municipality that adopts a specified
159 ordinance; prohibiting counties and municipalities
160 from requiring, requesting, or accepting financial
161 contributions or similar benefits from MMTCs, except
162 for levying local business taxes; authorizing a county
163 or municipality to levy a local tax on a dispensing
164 facility; providing that local ordinances may not
165 result in or provide for certain outcomes; authorizing
166 the department to adopt specified requirements by
167 rule; requiring the department to adopt rules to
168 administer the registration of certain MMTC
169 principals, employees, and contractors; requiring an
170 MMTC to apply to the department for the registration
171 of certain persons before hiring or contracting with
172 such persons; requiring the department to adopt by
173 rule a registration form that includes specified
174 information; requiring the department to register
175 persons who satisfy specified conditions and issue
176 them MMTC employee identification cards; providing
177 requirements for the identification cards; requiring a
178 registered person and the MMTC to update the
179 department within a specified timeframe if certain
180 information or the person’s employment status changes;
181 authorizing the department to contract with vendors to
182 issue MMTC employee identification cards; requiring
183 the department to inspect an MMTC and its facilities
184 upon receipt of a complaint and to inspect each
185 permitted facility at least biennially; authorizing
186 the department to conduct additional inspections of a
187 facility under certain circumstances; revising
188 administrative penalties; authorizing the department
189 to suspend, revoke, or refuse to renew an MMTC’s
190 registration, operating licenses, vehicle permits, or
191 facility permits for violating certain provisions;
192 requiring the department to refuse to renew an MMTC’s
193 cultivation, processing, retail, or transportation
194 license under certain circumstances; revising
195 provisions related to criminal and civil penalties and
196 fees to conform to changes made by the act; providing
197 applicability; deleting obsolete language; creating s.
198 381.9901, F.S.; authorizing a person 21 years of age
199 or older to purchase marijuana products, marijuana in
200 a form for smoking, and marijuana delivery devices
201 under certain circumstances; requiring that such
202 products be purchased only from an MMTC licensed by
203 the department for the retail sale of marijuana and
204 registered with the Department of Business and
205 Professional Regulation for sale of marijuana for
206 adult use; providing for criminal penalties;
207 authorizing a person 21 years of age or older to
208 possess, use, transport, or transfer to another person
209 21 years of age or older marijuana products, marijuana
210 in a form for smoking, and marijuana delivery devices
211 under certain circumstances; providing limitations and
212 criminal penalties; clarifying that a private property
213 owner may restrict the smoking or vaping of marijuana
214 on his or her property but a landlord may not prevent
215 his or her tenants from possessing or using marijuana
216 by other means; providing that certain provisions do
217 not exempt a person from prosecution for a criminal
218 offense related to impairment or intoxication
219 resulting from the use of marijuana and do not relieve
220 a person from any legal requirement to submit to
221 certain tests to detect the presence of a controlled
222 substance; amending s. 604.71, F.S.; authorizing
223 certain qualified patients to cultivate up to six
224 flowering cannabis plants for personal consumption and
225 noncommercial purposes; authorizing certain qualified
226 patients to purchase medical marijuana seeds and
227 clones from a licensed medical marijuana treatment
228 center; requiring a qualified patient who cultivates
229 cannabis to take specified precautions; providing that
230 the personal consumption of cannabis cultivated at a
231 qualified patient’s residence is subject to specified
232 limitations; providing for penalties; requiring the
233 Department of Agriculture and Consumer Services, by a
234 specified date, to adopt rules regulating the
235 cultivation of marijuana by members of the public for
236 private use, including rules regulating the use of a
237 specified model for cultivation; amending s. 893.13,
238 F.S.; authorizing a person 21 years of age or older to
239 deliver marijuana products to another person 21 years
240 of age or older and to possess marijuana products in a
241 specified amount under certain circumstances;
242 providing criminal penalties for the delivery or
243 possession of marijuana products by a person younger
244 than 21 years of age under certain circumstances;
245 creating s. 893.1352, F.S.; providing legislative
246 intent; providing construction; providing for the
247 retroactive applicability of s. 893.13, F.S.;
248 requiring certain sentences for specified offenses;
249 requiring that individuals serving certain sentences
250 for specified crimes receive sentence review hearings,
251 if requested; providing requirements for sentence
252 review and resentencing; requiring that certain
253 conviction-related fines, fees, and costs be waived
254 under certain circumstances; amending s. 893.147,
255 F.S.; authorizing a person 21 years of age or older to
256 possess, use, transport, or deliver, without
257 consideration, a marijuana delivery device to another
258 person 21 years of age or older; providing criminal
259 penalties for the possession, use, transport, or
260 delivery, without consideration, of a marijuana
261 delivery device by a person younger than 21 years of
262 age under certain circumstances; creating s. 943.0586,
263 F.S.; defining terms; authorizing an individual
264 convicted of certain crimes to petition the court for
265 expunction of his or her criminal history record under
266 specified circumstances; requiring such individual to
267 first obtain a certificate of eligibility for
268 expunction from the Department of Law Enforcement;
269 requiring the department to adopt rules establishing
270 procedures for applying for and issuing such
271 certificates; requiring the department to issue a
272 certificate of eligibility for expunction under
273 specified circumstances; providing that the
274 certificate is valid for a specified timeframe;
275 providing for reapplication for such certificate;
276 providing requirements for the petition for
277 expunction; providing criminal penalties; providing
278 for the court’s authority over its own procedures,
279 with an exception; requiring the court to order the
280 expunction of a criminal history record under certain
281 circumstances; clarifying that expunction of certain
282 criminal history records does not affect eligibility
283 for expunction of other criminal history records;
284 providing requirements for processing expunction
285 petitions and orders; providing that expunction orders
286 that do not comply with specified provisions are not
287 required to be acted on; providing a process to remedy
288 such noncompliant orders; providing that no cause of
289 action may rise against any criminal justice agency
290 for failure to act on an expunction order if the
291 petitioner failed to obtain a certificate of
292 eligibility or while the order is noncompliant;
293 providing that a person granted an expunction may
294 lawfully deny or fail to acknowledge the underlying
295 arrest or conviction, with exceptions; providing that
296 a person may not be deemed to have committed perjury
297 or otherwise held liable for giving a false statement
298 if he or she fails to recite or acknowledge an
299 expunged criminal history record; amending s. 893.15,
300 F.S.; conforming a provision to changes made by the
301 act; providing effective dates.
302
303 Be It Enacted by the Legislature of the State of Florida:
304
305 Section 1. Paragraph (l) of subsection (2) of section
306 212.08, Florida Statutes, is amended to read:
307 212.08 Sales, rental, use, consumption, distribution, and
308 storage tax; specified exemptions.—The sale at retail, the
309 rental, the use, the consumption, the distribution, and the
310 storage to be used or consumed in this state of the following
311 are hereby specifically exempt from the tax imposed by this
312 chapter.
313 (2) EXEMPTIONS; MEDICAL.—
314 (l) Marijuana and marijuana delivery devices, as defined in
315 s. 381.986, are exempt from the taxes imposed under this chapter
316
if they are purchased by a qualified patient or a caregiver, as

317
those terms are defined in s. 381.986
.
318 Section 2. Paragraphs (e) through (i), (k), and (l) of
319 subsection (1), paragraph (b) of subsection (3), paragraph (f)
320 of subsection (4), paragraphs (a) and (f) of subsection (5),
321 paragraph (b) of subsection (6), subsections (8) through (12),
322 paragraphs (a), (b), (c), and (f) of subsection (14), and
323 subsection (17) of section 381.986, Florida Statutes, are
324 amended to read:
325 381.986 Medical use of marijuana.—
326 (1) DEFINITIONS.—As used in this section, the term:
327 (e) “Edibles” means commercially produced food items made
328 with marijuana oil, but no other form of marijuana,
which

that

329 are produced and dispensed by a medical marijuana treatment
330 center
(MMTC)
.
331 (f) “Low-THC cannabis” means a plant of the genus
Cannabis
,
332 the dried flowers of which contain 0.8 percent or less of
333 tetrahydrocannabinol and more than 10 percent of cannabidiol
334 weight for weight; the seeds thereof; the resin extracted from
335 any part of such plant; or any compound, manufacture, salt,
336 derivative, mixture, or preparation of such plant or its seeds
337 or resin
which

that
is dispensed from
an MMTC

a medical

338
marijuana treatment center
.
339 (g) “Marijuana” means all parts of any plant of the genus
340
Cannabis
, whether growing or not; the seeds thereof; the resin
341 extracted from any part of the plant; and every compound,
342 manufacture, salt, derivative, mixture, or preparation of the
343 plant or its seeds or resin, including low-THC cannabis, which
344
is

are
dispensed from
an MMTC

a medical marijuana treatment

345
center
for medical use by a qualified patient.
346 (h) “Marijuana delivery device” means an object used,
347 intended for use, or designed for use in preparing, storing,
348 ingesting, inhaling, or otherwise introducing marijuana into the
349 human body,
and
which
object
is dispensed from
an MMTC

a medical

350
marijuana treatment center
for medical use by a qualified
351 patient
; however
,
such objects

except that delivery devices

352 intended
solely
for the medical use of marijuana by smoking need
353 not be dispensed from
an MMTC and

a medical marijuana treatment

354
center
in order to
qualify as marijuana delivery devices.
355 (i) “Marijuana testing laboratory” means a facility
356
certified by the department pursuant to s. 381.988
which

that

357 collects and analyzes marijuana samples from
an MMTC

a medical

358
marijuana treatment center
and has been certified by the

359
department pursuant to s. 381.988
.
360 (k) “Medical use” means the acquisition, possession, use,
361 delivery, transfer, or administration of marijuana authorized by
362 a physician certification. The term does not include:
363 1. Possession, use, or administration of marijuana that was
364 not purchased or acquired from
an MMTC

a medical marijuana

365
treatment center
.
366 2. Possession, use, or administration of marijuana in the
367 form of commercially produced food items other than edibles or
368 of marijuana seeds.
369 3. Use or administration of any form or amount of marijuana
370 in a manner that is inconsistent with the qualified physician’s
371 directions or physician certification.
372 4. Transfer of marijuana to a person other than the
373 qualified patient for whom it was authorized or the qualified
374 patient’s caregiver on behalf of the qualified patient.
375 5. Use or administration of marijuana in the following
376 locations:
377 a. On any form of public transportation, except for low-THC
378 cannabis not in a form for smoking.
379 b. In any public place, except for low-THC cannabis not in
380 a form for smoking.
381 c. In a qualified patient’s place of employment, except
382 when permitted by his or her employer.
383 d. In a state correctional institution, as defined in s.
384 944.02, or a correctional institution, as defined in s. 944.241.
385 e. On the grounds of a preschool, primary school, or
386 secondary school, except as provided in s. 1006.062.
387 f. In a school bus, a vehicle, an aircraft, or a motorboat,
388 except for low-THC cannabis not in a form for smoking.
389 6. The smoking of marijuana in an enclosed indoor workplace
390 as defined in s. 386.203(5).
391 (l) “Physician certification” means a qualified physician’s
392 authorization for a qualified patient to receive marijuana and a
393 marijuana delivery device from
an MMTC

a medical marijuana

394
treatment center
.
395 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
396 (b) A qualified physician may not be employed by, or have
397 any direct or indirect economic interest in,
an MMTC

a medical

398
marijuana treatment center
or
a
marijuana testing laboratory.
399 (4) PHYSICIAN CERTIFICATION.—
400 (f) A qualified physician may not issue a physician
401 certification for more than three 70-day supply limits of
402 marijuana or more than six 35-day supply limits of marijuana in
403 a form for smoking. The department shall quantify by rule a
404 daily dose amount with equivalent dose amounts for each
405 allowable form of marijuana dispensed by
an MMTC

a medical

406
marijuana treatment center
. The department shall use the daily
407 dose amount to calculate a 70-day supply.
408 1. A qualified physician may request an exception to the
409 daily dose amount limit, the 35-day supply limit of marijuana in
410 a form for smoking, and the 4-ounce possession limit of
411 marijuana in a form for smoking established in paragraph
412 (14)(a). The request
must

shall
be made electronically on a form
413 adopted by the department in rule and must include, at a
414 minimum:
415 a. The qualified patient’s qualifying medical condition.
416 b. The dosage and route of administration that was
417 insufficient to provide relief to the qualified patient.
418 c. A description of how the patient will benefit from an
419 increased amount.
420 d. The minimum daily dose amount of marijuana that would be
421 sufficient for the treatment of the qualified patient’s
422 qualifying medical condition.
423 2. A qualified physician must provide the qualified
424 patient’s records upon the request of the department.
425 3. The department shall approve or disapprove the request
426 within 14 days after receipt of the complete documentation
427 required by this paragraph. The request
is

shall be
deemed
428 approved if the department fails to act within this time period.
429 (5) MEDICAL MARIJUANA USE REGISTRY.—
430 (a) The department shall create and maintain a secure,
431 electronic, and online medical marijuana use registry for
432 physicians, patients, and caregivers as provided under this
433 section. The medical marijuana use registry must be accessible
434 to law enforcement agencies, qualified physicians, and
MMTCs

435
medical marijuana treatment centers
to verify the authorization
436 of a qualified patient or a caregiver to possess marijuana or a
437 marijuana delivery device and record the marijuana or marijuana
438 delivery device dispensed. The medical marijuana use registry
439 must also be accessible to practitioners licensed to prescribe
440 prescription drugs to ensure proper care for patients before
441 medications that may interact with the medical use of marijuana
442 are prescribed. The medical marijuana use registry must prevent
443 an active registration of a qualified patient by multiple
444 physicians.
445 (f) The department may revoke the registration of a
446 qualified patient or caregiver who cultivates marijuana or who
447 acquires, possesses, or delivers marijuana from any person or
448 entity other than
an MMTC

a medical marijuana treatment center
.
449 (6) CAREGIVERS.—
450 (b) A caregiver must:
451 1. Not be a qualified physician and not be employed by or
452 have an economic interest in
an MMTC

a medical marijuana

453
treatment center
or a marijuana testing laboratory.
454 2. Be 21 years of age or older and a resident of this
455 state.
456 3. Agree in writing to assist with the qualified patient’s
457 medical use of marijuana.
458 4. Be registered in the medical marijuana use registry as a
459 caregiver for no more than one qualified patient, except as
460 provided in this paragraph.
461 5. Successfully complete a caregiver certification course
462 developed and administered by the department or its designee,
463 which must be renewed biennially. The price of the course may
464 not exceed $100.
465 6. Pass a
level 2
background screening pursuant to
chapter

466
435

subsection (9)
, unless the patient is a close relative of
467 the caregiver.
In addition to the disqualifying offenses

468
specified in s. 435.04(2) and (3), a person may not serve as a

469
caregiver if he or she has an arrest awaiting final disposition

470
for; has been found guilty of, regardless of adjudication; or

471
has entered a plea of nolo contendere or guilty to an offense

472
under chapter 837, chapter 895, or chapter 896 or a similar law

473
of another jurisdiction.

474 (8) MEDICAL MARIJUANA TREATMENT CENTERS.—
475 (a)
The department shall li
cense medical marijuana

476
treatment centers to ensure reasonable statewide accessibility

477
and availability as necessary for qualified patients registered

478
in the medical marijuana use registry and who are issued a

479
physician certification under this section.

480
1. As soon as practicable, but no later than July 3, 2017,

481
the department shall license as a medical marijuana treatment

482
center any entity that holds an active, unrestricted license to

483
cultivate, process, transport, and dispense low-THC cannabis,

484
medical cannabis, and cannabis delivery devices, under former s.

485
381.986, Florida Statutes 2016, before July 1, 2017, and which

486
meets the requirements of this section. In addition to the

487
authority granted under this section, these entities are

488
authorized to dispense low-THC cannabis, medical cannabis, and

489
cannabis delivery devices ordered pursuant to former s. 381.986,

490
Florida Statutes 2016, which were entered into the compassionate

491
use registry before July 1, 2017, and are authorized to begin

492
dispensing marijuana under this section on July 3, 2017. The

493
department may grant variances from the representations made in

494
such an entity’s original application for approval under former

495
s. 381.986, Florida Statutes 2014, pursuant to paragraph (e).

496
2. The department shall license as medical marijuana

497
treatment centers 10 applicants that meet the requirements of

498
this section, under the following parameters:

499
a. As soon as practicable, but no later than August 1,

500
2017, the department shall license any applicant whose

501
application was reviewed, evaluated, and scored by the

502
department and which was denied a dispensing organization

503
license by the department under former s. 381.986, Florida

504
Statutes 2014; which had one or more administrative or judicial

505
challenges pending as of January 1, 2017, or had a final ranking

506
within one point of the highest final ranking in its region

507
under former s. 381.986, Florida Statutes 2014; which meets the

508
requirements of this section; and which provides documentation

509
to the department that it has the existing infrastructure and

510
technical and technological ability to begin cultivating

511
marijuana within 30 days after registration as a medical

512
marijuana treatment center.

513
b. As soon as practicable, the department shall license one

514
applicant that is a recognized class member of
Pigford v.

515
Glickman
, 185 F.R.D. 82 (D.D.C. 1999), or
In Re Black Farmers

516
Litig.
, 856 F. Supp. 2d 1 (D.D.C. 2011). An applicant licensed

517
under this sub-subparagraph is exempt from the requirement of

518
subparagraph (b)
2. An applicant that applies for licensure under

519
this sub-subparagraph, pays its initial application fee, is

520
determined by the department through the application process to

521
qualify as a recognized class member, and is not awarded a

522
license under this sub-subparagraph may transfer its initial

523
application fee to one subsequent opportunity to apply for

524
licensure under subparagraph 4.

525
c. As soon as practicable, but no later than October 3,

526
2017, the department shall license applicants that meet the

527
requirements of this section in sufficient numbers to result in

528
10 total licenses issued under this subparagraph, while

529
accounting for the number of licenses issued under sub

530
subparagraphs a. and b.

531
3. For up to two of the licenses issued under subparagraph

532
2., the department shall give preference to applicants that

533
demonstrate in their applications that they own one or more

534
facilities that are, or were, used for the canning,

535
concentrating, or otherwise processing of citrus fruit or citrus

536
molasses and will use or convert the facility or facilities for

537
the processing of marijuana.

538
4. Within 6 months after the registration of 100,000 active

539
qualified patients in the medical marijuana use registry, the

540
department shall license four additional medical marijuana

541
treatment centers that meet the requirements of this section.

542
Thereafter, the department shall license four medical marijuana

543
treatment centers within 6 months after the registration of each

544
additional 100,000 active qualified patients in the medical

545
marijuana use registry that meet the requirements of this

546
section.

547
(b) An applicant for licensure as a medical marijuana

548
treatment center
must
apply to the department on a form

549
prescribed by the department and adopted in rule. The department

550
shall adopt rules pursuant to ss. 120.536(1) and 120.54

551
establishing a procedure for the issuance and biennial renewal

552
of licenses, including initial application and biennial renewal

553
fees sufficient to cover the costs of implementing and

554
administering this section, and establishing supplemental

555
licensure fees for payment beginning May 1, 2018, sufficient to

556
cover the costs of administering ss. 381.989 and 1004.4351. The

557
department shall identify applicants with strong diversity plans

558
reflecting this state’s commitment to diversity and implement

559
training programs and other educational programs to enable

560
minority persons and minority business enterprises, as defined

561
in s. 288.703, and veteran business enterprises, as defined in

562
s. 295.187, to compete for medical marijuana treatment center

563
licensure and contracts. Subject to the requirements in

564
subparagraphs (a)2.-4., the department shall issue a license to

565
an applicant if the applicant meets the requirements of this

566
section and pays the initial application fee. The department

567
shall renew the licensure of a medical marijuana treatment

568
center biennially if the licensee meets the requirements of this

569
section and pays the biennial renewal fee.

However, the

570
department may not renew the license of a medical marijuana

571
treatment center that has not begun to cultivate, process, and

572
dispense marijuana by the date that the medical marijuana

573
treatment center is required to renew its license.
An individual

574
may not be an applicant, owner, officer, board member, or

575
manager on more than one application for licensure as a medical

576
marijuana treatment center. An individual or entity may not be

577
awarded more than one license as a medical marijuana treatment

578
center. An applicant for licensure as a medical marijuana

579
treatment center must demonstrate:

580
1. That, for the 5 consecutive years before submitting the

581
application, the applicant has been registered to do business in

582
th
is
state.

583
2. Possession of a valid certificate of registration issued

584
by the Department of Agriculture and Consumer Services pursuant

585
to s. 581.131.

586
3. The technical and technological ability to cultivate and

587
produce marijuana, including, but not limited to, low-THC

588
cannabis.

589
4. The ability to secure the premises, resources, and

590
personnel necessary to operate as a medical marijuana treatment

591
center.

592
5. The ability to maintain accountability of all raw

593
materials, finished products, and any byproducts to prevent

594
diversion or unlawful access to or possession of these

595
substances.

596
6. An infrastructure reasonably located to dispense

597
marijuana to registered qualified patients statewide or

598
regionally as determined by the department.

599
7. The financial ability to maintain operations for the

600
duration of the 2-year approval cycle, including the provision

601
of certified financial statements to the department.

602
a. Upon approval, the applicant must post a $5 million

603
performance bond issued by an authorized surety insurance

604
company rated in one of the three highest rating categories by a

605
nationally recognized rating service. However, a medical

606
marijuana treatment center serving at least 1,000 qualified

607
patients is only required to maintain a $2 million performance

608
bond.

609
b. In lieu of the performance bond required under sub

610
subparagraph a., the applicant may provide an irrevocable letter

611
of credit payable to the department or provide cash to the

612
department. If provided with cash under this sub-subparagraph,

613
the department
must
deposit the cash in the Grants and Donations

614
Trust Fund within the Department of Health, subject to the same

615
conditions as the bond regarding requirements for the applicant

616
to forfeit ownership of the funds. If the funds deposited under

617
this sub-subparagraph generate interest, the amount of that

618
interest
must
be used by the department for the administration

619
of this section.

620
8.
That all owners and managers have passed a background

621
screening pursuant to subsection (9). As used in this

622
subparagraph, the term:

623
a.

“Manager” means any person with the authority to

624
exercise or contribute to the operational control, direction, or

625
management of an applicant or a medical marijuana treatment

626
center or who has authority to supervise any employee of an

627
applicant or a medical marijuana treatment center. The term

628
includes an individual with the power or authority to direct or

629
influence the direction or operation of an applicant or a

630
medical marijuana treatment center through board membership, an

631
agreement, or a contract.

632
b.

“Owner” means any person who owns or controls a 5

633
percent or greater share of interests of the applicant or a

634
medical marijuana treatment center which include beneficial or

635
voting rights to interests. In the event that one person owns a

636
beneficial right to interests and another person holds the

637
voting rights with respect to such interests, then in such case,

638
both are considered the owner of such interests.

639
9. The employment of a medical director to supervise the

640
activities of the medical marijuana treatment center.

641
10. A diversity plan that promotes and ensures the

642
involvement of minority persons and minority business

643
enterprises, as defined in s. 288.703, or veteran business

644
enterprises, as defined in s. 295.187, in ownership, management,

645
and employment. An applicant for licensure renewal must show the

646
effectiveness of the diversity plan by including the following

647
with his or her application for renewal:

648
a. Representation of minority persons and veterans in the

649
medical marijuana treatment center’s workforce;

650
b. Efforts to recruit minority persons and veterans for

651
employment; and

652
c. A record of contracts for services with minority

653
business enterprises and veteran business enterprises.

654
(c) A medical marijuana treatment center may not make a

655
wholesale purchase of marijuana from, or a distribution of

656
marijuana to, another medical marijuana treatment center, unless

657
the medical marijuana treatment center seeking to make a

658
wholesale purchase of marijuana submits proof of harvest failure

659
to the department.

660
(d)

Department responsibilities.
—
The department shall
do

661
all of the following
:

662
1. Adopt by rule all of the following:

663
a. O
perating standards for the cultivation, processing,

664
packaging, and labeling of marijuana
.

665
b. S
tandards for the sale of marijuana
.

666
c. Procedures and requirements for all of the following:

667
(I) T
he registration
and registration renewal

of MMTCs.

668
(II) The i
ssuance and renewal of cultivation, processing,

669
retail, and
tran
sportation operating licenses.

670
(III) T
he issuance and renewal of cultivation, processing,

671
dispensing, and storage
facility permits
and vehicle permits.

672
(IV) The registration of
all principals, employees, and

673
contractors of
an
MMTC who will participate in the operations of

674
the MMTC
.

675
(V) The issuance of
MMTC employee identification cards to

676
registered principals, employees, and contractors of MMTCs.

677
2.
Establish, maintain, and control a computer software
678 tracking system that traces marijuana from seed to sale and
679 allows real-time, 24-hour access by the department to data from
680 all
MMTCs

medical marijuana treatment centers
and marijuana
681 testing laboratories. The tracking system must allow for
682 integration of other seed-to-sale systems and, at a minimum,
683 include notification of when marijuana seeds are planted, when
684 marijuana plants are harvested and destroyed, and when marijuana
685 is transported, sold, stolen, diverted, or lost. Each
MMTC

686
medical marijuana treatment center
shall use the seed-to-sale
687 tracking system established by the department or integrate its
688 own seed-to-sale tracking system with the seed-to-sale tracking
689 system established by the department. Each
MMTC

medical

690
marijuana treatment center
may use its own seed-to-sale system
691 until the department establishes a seed-to-sale tracking system.
692 The department may contract with a vendor to establish the seed
693 to-sale tracking system. The vendor selected by the department
694 may not have a contractual relationship with the department to
695 perform any services pursuant to this section other than the
696 seed-to-sale tracking system. The vendor may not have a direct
697 or indirect financial interest in
an
MMTC

a
medical marijuana

698
treatment center
or a marijuana testing laboratory.
699
(b)
Registration.
—

700
1.
The department shall
adopt by rule an MMTC registration

701
form that, at a minimum, requires all of the following
:

702
a
.

The applicant’s
full l
egal name.

703
b
.

The physical address of each location where
the

704
applicant will apply for a facility permit to cultivate,

705
process, dispense, or store marijuana.

706
c
.

The name, address, and date of birth of
each of

the

707
applicant’s principals.

708
d
.

The name, address, and date of birth of
each of the

709
applicant’s
current employees and contractors who will

710
participate in the operations of the MMTC
.

711
e
.

The
operation or operations in
which
the applicant

712
intends to engage, which may include one or more of the

713
following:

714
(I)

Cultivation.

715
(II)

Processing.

716
(III)

Retail sales.

717
(IV)
Transport
ation
.

718
2.

To be registered as
an MMTC
, an applicant must submit

719
all of the following
to the department:

720
a
.

The applicant’s
completed registration form
.

721
b
.

Personnel r
egistration
forms,

as described in subsection

722
(9), for
all principals, employees, and contractors
listed on

723
the applicant’s registration form
who will participate in the

724
operations of the MMTC
. The department may not register the

725
applicant as an MMTC
until all principals, employees, and

726
contractors
listed on the applicant’s registration form
have

727
registered with the department and
are
issued MMT
C employee

728
identification cards.

729
c
.

Proof that all principals
listed on the applicant’s

730
registration form
who will participate in the operations of the

731
MMTC have passed a level 2 background screening
within the

732
previous year
pursuant to chapt
er 435.

733
d. Proof that the MMTC has
the capability
to comply
with

734
seed-to-sale tracking system
requirements.

735
e
.

Proof of
the applicant’s
financial ability to maintain

736
operations for the duration of the registration
.

737
f
.

A $500,000
performance and compliance bond,
or a $1

738
million performance and compliance bond if the MMTC intends to

739
cultivate or process marijuana,

which will
be forfeited if the

740
MMTC fails to comply with
:

741
(I) R
egistration requirements
in
this
paragraph
during the

742
registration period
;
or

743
(II) M
aterial requirements
of
this section
which are

744
applicable to the functions the applicant intends to perform
,
as

745
indicated on the registration
form
.

746
3. A
regi
stration expires 2
years after the date
it is

747
issued.

748
4.

In addition to obtaining registration pursuant to this

749
paragraph, an MMTC must obtain an operating
license for
each

750
operation it will perform as provided in paragraph (c),

751
paragraph (d), or paragraph (f), as applicable
.

752
(c
)
Cultivation licenses and processing licenses.
—

753
1.

A registered MMTC
may
apply for a cultivation license or

754
a processing license. When applying, the MMTC
must
provide the

755
department
with, at a minimum,
all of the following:

756
a
. A completed cultivation license or processing license

757
application form
.

758
b
. The physical address of each location where marijuana

759
will be cultivated, processed, or stored
.

760
c
.
A
s applicable
to
th
e requested license or licenses:

761
(I)

P
roof of an established infrastructure
,
or the ability

762
to establish an infrastructure in a reasonable amount of time
,

763
that
is designed
for
culti
vation, processing, testing,

764
packaging, and
label
ing
marijuan
a; proof of the ability to

765
maintain
the infrastructure’s security
;
and
proof of the ability

766
to prevent
the thef
t or diversion of any marijuana.

767
(II)
Proof that the applicant
has
the technical and

768
technological ability to cultivate and test or process and test

769
marijuana
.

770
d
. Proof of operating procedures designed to secure and

771
maintain accountability for all marijuana

and marijuana-related

772
byproducts that come into the applicant’s possession and
to

773
comply with the required seed-to-sale tracking system
.

774
2.
Cultivation licenses and processing licenses expire
2

775
years after the date
they are
issued.
T
o re
new a
license, the

776
licensee must meet all of the requirements for initial

777
licensure;
must
provide all of the document
ation required under

778
subparagraph 1.;
and m
ay
not have any
uncorrected
substantial

779
violation of the standards adopted by department rule for the

780
cultivation, processing, testing, packaging, and labeling of

781
marijuana.

782
3.
Before beginning cultivation or processing
at any

783
location
, the licensee must obtain a
facility
per
mit from the

784
department for that

location pursuant to paragraph (g).

785
4.

A l
icensee under this subsection may use contractors to

786
assist with the cultivation or processing of marijuana, as

787
applicable, but the licensee is ultimately responsible for all

788
operations performed by each contractor relating to the

789
cultivation or processing of marijuana and i
s responsible for

790
maintaining physical possession of the
marijuana
at all times
.

791
All work done by a con
tractor must be performed at a location

792
that has
a
facility
permit issued by the department.
A licensee

793
using a contractor must register any principal or employee of a

794
contractor who will be participating in the operations of the

795
licensee as provided in subsection (9). Such principal or

796
employee may not begin participating in the operations of the

797
licensee until he or she has received an MMTC employee

798
identification card from the department.

799
5.
All marijuana byproducts that cannot be processed or

800
reprocessed must be destroyed by the cultivation
licensee
or
the

801
processing licensee or
their respective
contractor
s
within 30

802
days after the production of the byproducts.

803
6.

A l
icensee under this subsection may
sell marijuana at

804
wholesale only to other
registered
MMTCs.
Before selling

805
marijuana at wholesale, the selling MMTC shall provide the

806
purchasing MMTC with documentation showing that the marijuana

807
meets the testing, packaging, and labeling requirements of this

808
section. The purchasing MMTC shall review such documentation to

809
determine whether the marijuana is in compliance with this

810
section before taking possession of the marijuana.

811
7.

Transport
ation
or delivery of marijuana outside of
the

812
property owned by a licensee under this subsection may be

813
performed only by
an MMTC
that holds a transportation license

814
issued pursuant to
paragraph (f)

815
(e) A licensed medical marijuana treatment center shall

816
cultivate, process, transport, and dispense marijuana for

817
medical use. A licensed medical marijuana treatment center may

818
not contract for services directly related to the cultivation,

819
processing, and dispensing of marijuana or marijuana delivery

820
devices, except that a medical marijuana treatment center

821
licensed pursuant to subparagraph (a)1. may contract with a

822
single entity for the cultivation, processing, transporting, and

823
dispensing of marijuana and marijuana delivery devices. A

824
licensed medical marijuana treatment center
shall
, at all times,

825
maintain compliance with the criteria demonstrated and

826
representations made in the initial application and the criteria

827
established in this subsection. Upon request, the department may

828
grant a medical marijuana treatment center a variance from the

829
representations made in the initial application. Consideration

830
of such a request
must
be based upon the individual facts and

831
circumstances surrounding the request. A variance may not be

832
granted unless the requesting medical marijuana treatment center

833
can demonstrate to the department that it has a proposed

834
alternative to the specific representation made in its

835
application which fulfills the same or a similar purpose as the

836
specific representation in a way that the department can

837
reasonably determine will not be a lower standard than the

838
specific representation in the application. A variance may not

839
be granted from the requirements in subparagraph 2. and

840
subparagraphs (b)1. and 2
.
841
1. A licensed medical marijuana treatment center may

842
transfer ownership to an individual or entity who meets the

843
requirements of this section. A publicly traded corporation or

844
publicly traded company that meets the requirements of this

845
section is not precluded from ownership of a medical marijuana

846
treatment center. To accommodate a change in ownership:

847
a. The licensed medical marijuana treatment center shall

848
notify the department in writing at least 60 days before the

849
anticipated date of the change of ownership.

850
b. The individual or entity applying for initial licensure

851
due to a change of ownership must submit an application that

852
must be received by the department at least 60 days before the

853
date of change of ownership.

854
c. Upon receipt of an application for a license, the

855
department shall examine the application and, within 30 days

856
after receipt, notify the applicant in writing of any apparent

857
errors or omissions and request any additional information

858
required.

859
d. Requested information omitted from an application for

860
licensure must be filed with the department within 21 days after

861
the department’s request for omitted information or the

862
application
will
be deemed incomplete and withdrawn from further

863
consideration and the fees forfeited.

864
e.

Within 30 days after the receipt of a complete

865
application, the department shall approve or deny the

866
application.

867
2. A medical marijuana treatment center, and any individual

868
or entity who directly or indirectly owns, controls, or holds

869
with power to vote 5 percent or more of the voting shares of a

870
medical marijuana treatment center, may not acquire direct or

871
indirect ownership or control of any voting shares or other form

872
of ownership of any other medical marijuana treatment center.

873
3. A medical marijuana treatment center may not enter into

874
any form of profit-sharing arrangement with the property owner

875
or lessor of any of its facilities where cultivation,

876
processing, storing, or dispensing of marijuana and marijuana

877
delivery devices occurs.

878
4. All employees of a medical marijuana treatment center

879
must be 21 years of age or older and have passed a background

880
screening pursuant to subsection (9).
As used in this

881
subparagraph, the term “employee” means any person employed by a

882
medical marijuana treatment center licensee in any capacity,

883
including those whose duties involve any aspect of the

884
cultivation, processing, transportation, or dispensing of

885
marijuana. This requirement applies to all employees, regardless

886
of the compensation received.

887
5. Each medical marijuana treatment center must adopt and

888
enforce policies and procedures to ensure employees and

889
volunteers receive training on the legal requirements to

890
dispense marijuana to qualified patients.

891
8.
6.
When growing marijuana,
an MMTC licensed for

892
cultivation

a
medical marijuana treatment center
:
893 a. May use pesticides determined by the department, after
894 consultation with the Department of Agriculture and Consumer
895 Services, to be safely applied to plants intended for human
896 consumption, but may not use pesticides designated as
897 restricted-use pesticides pursuant to s. 487.042.
898 b.
Shall

Must
grow marijuana within an enclosed
permitted

899
cultivation facility

structure
and in a room separate from any
900 other plant.
901 c.
Shall

Must
inspect seeds and growing plants for plant
902 pests that endanger or threaten the horticultural and
903 agricultural interests of the state in accordance with chapter
904 581 and any rules adopted thereunder.
905 d.
Shall

Must
perform fumigation or treatment of plants, or
906 remove and destroy infested or infected plants, in accordance
907 with chapter 581 and any rules adopted thereunder.
908
7.
Each medical marijuana treatment center must produce and

909
make available for purchase at least one low-THC cannabis

910
product.

911
9.
8.

An MMTC

A medical marijuana treatment center
that
912 produces edibles must hold a permit to operate as a food
913 establishment pursuant to chapter 500, the Florida Food Safety
914 Act, and must comply with all the requirements for food
915 establishments pursuant to chapter 500 and any rules adopted
916 thereunder.
Edibles may not contain more than 200 milligrams of

917
tetrahydrocannabinol, and a single serving portion of an edible

918
may not exceed 10 milligrams of tetrahydrocannabinol.
Edibles
919 may not have a
tetrahydrocannabinol
potency variance greater
920 than 15 percent. Marijuana products, including edibles, may not
921 be attractive to children; be manufactured in the shape of
922 humans, cartoons, or animals; be manufactured in a form that
923 bears any reasonable resemblance to products available for
924 consumption as commercially available candy; or contain any
925 color additives. To discourage consumption of edibles by
926 children, the department shall determine by rule
all

any
shapes,
927 forms, and ingredients allowed and prohibited for edibles.
MMTCs

928
Medical marijuana treatment centers
may not begin processing or
929 dispensing edibles until after the effective date of the rule.
930 The department shall also adopt sanitation rules providing the
931 standards and requirements for the storage, display, or
932 dispensing of edibles.
933
9. Within 12 months after licensure, a medical marijuana

934
treatment center must demonstrate to the department that all of

935
its processing facilities have passed a Food Safety Good

936
Manufacturing Practices, such as Global Food Safety Initiative

937
or equivalent, inspection by a nationally accredited certifying

938
body. A medical marijuana treatment center must immediately stop

939
processing at any facility which fails to pass this inspection

940
until it demonstrates to the department that such facility has

941
met this requirement.

942 10.
A medical marijuana treatment center that produces

943
prerolled marijuana cigarettes may not use wrapping paper made

944
with tobacco or hemp.

945
11.
When processing marijuana,
an MMTC licensed for

946
processing shall

a
medical marijuana treatment center
must
:
947 a. Process the marijuana within an enclosed
permitted

948
processing facility

structure
and in a room separate from other
949 plants or products.
950 b. Comply with department rules when processing marijuana
951 with hydrocarbon solvents or other solvents or gases exhibiting
952 potential toxicity to humans. The department shall determine by
953 rule the requirements for
the

medical marijuana treatment

954
centers
to
use
of
such solvents or gases
by MMTCs

exhibiting

955
potential toxicity to humans
.
956 c. Comply with federal and state laws and regulations and
957 department rules for solid and liquid wastes. The department
958 shall determine by rule procedures for the storage, handling,
959 transportation, management, and disposal of solid and liquid
960 waste generated during marijuana production and processing. The
961 Department of Environmental Protection shall assist the
962 department in developing such rules.
963 d. Test the processed marijuana using a medical marijuana
964 testing laboratory before it is
sold or
dispensed. Results must
965 be verified and signed by two
MMTC

medical marijuana treatment

966
center
employees. Before
selling, selling at wholesale, or

967 dispensing, the
MMTC shall

medical marijuana treatment cente
r

968
must
determine
whether

that
the test results indicate that low
969 THC cannabis meets the definition of low-THC cannabis, the
970 concentration of tetrahydrocannabinol meets the potency
971 requirements of this section, the labeling of the concentration
972 of tetrahydrocannabinol and cannabidiol is accurate, and all
973 marijuana is safe for human consumption and free from
974 contaminants that are unsafe for human consumption. The
975 department shall determine by rule which contaminants must be
976 tested for and the maximum levels of each contaminant which are
977 safe for human consumption. The Department of Agriculture and
978 Consumer Services shall assist the department in developing the
979 testing requirements for contaminants that are unsafe for human
980 consumption in edibles. The department shall also determine by
981 rule the procedures for the treatment of marijuana that fails to
982 meet the testing requirements of this section, s. 381.988, or
983 department rule. The department may select samples of marijuana
984 from
an MMTC

a medical marijuana treatment center
facility which
985
must

shall
be tested by the department to determine whether the
986 marijuana meets the potency requirements of this section
and
,
is
987 safe for human consumption
,
and is accurately labeled with the
988 tetrahydrocannabinol and cannabidiol concentration or to verify
989 the result of marijuana testing conducted by a marijuana testing
990 laboratory. The department may also select samples of marijuana
991 delivery devices from
an MMTC

a medical marijuana treatment

992
center
to determine whether the marijuana delivery device is
993 safe for use by qualified patients.
An MMTC

A medical marijuana

994
treatment center
may not require payment from the department for
995 the sample.
An MMTC shall

A medical marijuana treatment cente
r

996
must
recall marijuana, including all marijuana and marijuana
997 products made from the same batch of marijuana, that fails to
998 meet the potency requirements of this section, that is unsafe
999 for human consumption, or for which the labeling of the
1000 tetrahydrocannabinol and cannabidiol concentration is
1001 inaccurate. The department shall adopt rules to establish
1002 marijuana potency variations of no greater than 15 percent using
1003 negotiated rulemaking pursuant to s. 120.54(2)(d) which accounts
1004 for, but is not limited to, time lapses between testing, testing
1005 methods, testing instruments, and types of marijuana sampled for
1006 testing. The department may not issue any recalls for product
1007 potency as it relates to product labeling before issuing a rule
1008 relating to potency variation standards.
An MMTC shall

A medical

1009
marijuana treatment center must
also recall all marijuana
1010 delivery devices determined to be unsafe for use by qualified
1011 patients.
An MMTC shall

The
medical marijuana treatment center

1012
must
retain records of all testing and samples of each
1013 homogeneous batch of marijuana for at least 9 months.
An MMTC

1014
shall

The
medical marijuana treatment center
must
contract with
1015 a marijuana testing laboratory to perform audits on the
MMTC’s

1016
medical marijuana treatment center
’s
standard operating
1017 procedures, testing records, and samples and provide the results
1018 to the department to confirm that the marijuana or low-THC
1019 cannabis meets the requirements of this section and that the
1020 marijuana or low-THC cannabis is safe for human consumption.
An

1021
MMTC

A medical marijuana treatment center
shall reserve two
1022 processed samples from each batch and retain such samples for at
1023 least 9 months for the purpose of such audits.
An MMTC

A medical

1024
marijuana treatment center
may use a laboratory that has not
1025 been certified by the department under s. 381.988 until such
1026 time as at least one laboratory holds the required
1027 certification
, but in no event later than July 1, 2018
.
1028 e. Package the marijuana in compliance with the United
1029 States Poison Prevention Packaging Act of 1970, 15 U.S.C. ss.
1030 1471 et seq.
1031 f. Package the marijuana in a receptacle that has a firmly
1032 affixed and legible label stating the following information:
1033 (I)
That
the marijuana or low-THC cannabis meets the
1034 requirements of sub-subparagraph d.
1035 (II) The name of the
MMTC

medical marijuana treatment

1036
center
from which the marijuana originates.
1037 (III) The batch number and harvest number from which the
1038 marijuana originates and the date
that
the marijuana
is
sold or

1039 dispensed.
1040 (IV)
The name of the physician who issued the physician

1041
certification.

1042
(V) The name of the patient.

1043
(VI)
The product name, if applicable, and dosage form,
1044 including concentration of tetrahydrocannabinol and cannabidiol.
1045 The product name may not contain wording commonly associated
1046 with products that are attractive to children or which promote
1047 the recreational use of marijuana.
1048
(V)
(VII)
The recommended dose.
1049
(VI)
(VIII)
A warning that it is illegal to transfer
medical

1050 marijuana to
a

another
person
younger than 21 years of age
.
1051
(VII)
(IX)
A marijuana universal symbol developed by the
1052 department.
1053
11.
12.
The
MMTC
that packages the marijuana

medical

1054
marijuana treatment center
shall include in each package
an

a

1055
patient package
insert with information on the specific product
1056 dispensed related to
all of the following
:
1057 a. Clinical pharmacology.
1058 b. Indications and use.
1059 c. Dosage and administration.
1060 d. Dosage forms and strengths.
1061 e. Contraindications.
1062 f. Warnings and precautions.
1063 g. Adverse reactions.
1064
12.
13.
In addition to the packaging and labeling
1065 requirements specified in subparagraphs
10. and
11.
and 12.
,
1066 marijuana in a form for smoking must be packaged in a sealed
1067 receptacle with a legible and prominent warning to keep
the

1068
receptacle
away from children and a warning that states
that

1069 marijuana smoke contains carcinogens and may negatively affect
1070 health. Such receptacles for marijuana in a form for smoking
1071 must be plain, opaque, and white without depictions of the
1072 product or images other than the
MMTC’s

medical marijuana

1073
treatment center’s
department-approved logo and the marijuana
1074 universal symbol.
1075
13.
14.
The department shall adopt rules to regulate the
1076 types, appearance, and labeling of marijuana delivery devices
1077 dispensed from
an MMTC

a medical marijuana treatment center
. The
1078 rules must require marijuana delivery devices to have an
1079 appearance consistent with medical use.
1080
14.
15.
Each edible must be individually sealed in plain,
1081 opaque wrapping marked only with the marijuana universal symbol.
1082
Where practical,
Each edible must be marked with the marijuana
1083 universal symbol. In addition to the packaging and labeling
1084 requirements in subparagraphs
10. and
11.
and 12.
, edible
1085 receptacles must be plain, opaque, and white without depictions
1086 of the product or images other than the
MMTC’s

medical marijuana

1087
treatment center’s
department-approved logo and the marijuana
1088 universal symbol. The receptacle must also include a list of all
1089 the edible’s ingredients, storage instructions,
information on

1090
the estimated amount of time for the edible to take effect,
an
1091 expiration date, a legible and prominent warning to keep
the

1092
receptacle
away from children and pets, and a warning that the
1093 edible has not been produced or inspected pursuant to federal
1094 food safety laws.
1095
(d
)

Retail licenses.
—

1096
1.

A registered
MMTC may apply for a
retail
license. When

1097
applying, the MMTC must provide the department
with, at a

1098
minimum,
all of the following:

1099
a
. A completed
retail
license application form
.

1100
b
.

A statement by the applicant
which
indicat
es
whether the

1101
applicant intends to dispense by delivery. A
retail
licensee may

1102
not deliver marijuana without also obtaining a transportation

1103
license pursuant to
paragraph (f).

1104
c
. The physical address of each location where
the

1105
applicant will dispense or store
marijuana
.

1106
d
. Identifying information for all other current or

1107
previous
retail license
s held by the applicant or any of the

1108
applicant’s principals
.

1109
e
. Proof of operating procedures designed to secure and

1110
maintain accountability for all marijuana that the applicant

1111
receives and possesses
,

to
ensure that
only
the allowed amount

1112
of marijuana
is sold or dispensed, to ensure that
the specified

1113
type of marijuana is correctly dispensed to a
qualified
patient

1114
or his or her caregiver pursuant to a physician certification
,

1115
and
to
monitor the medical marijuana patient registry and

1116
electronically update the registry with dispensing information
.

1117
2.
A
retail license
expires 2 years after the date

it is

1118
issued. The
retail license
e must apply for
license renewal

1119
before the expiration date.
T
o
renew a
license, a
retail

1120
license
e must meet all of the requirements for initial

1121
licensure; must provide all of the documents required under

1122
para
graph (b);
and must not have any outstanding substantial

1123
violations of the applicable standards adopted by department

1124
rule.

1125
3.
Before beginning to
sell,
dispense
,
or store mariju
ana,

1126
the retail licensee must obtain a facility
permit from the

1127
department for each
location
where marijuana will be
sold,

1128
dispensed
,
or stored.

If a faci
lity’s permit expires or is

1129
suspended or revoked,
the
MMTC
must cease all
applicable

1130
operations
at that facility until the department
inspects the

1131
facility and
renews or reinstates the facility’s permit.

1132
4.
A
dispensing
facility may not repackage or modify

1133
marijuana
that has already been packaged for sale by a

1134
cultivation
licensee
or processing licensee unless the

1135
repackaging is of unprocessed marijuana
,
is done in accordance

1136
with instructions from the cultivator
or processor,
and is

1137
documented in the required seed-to-sale tracking system.

1138
5.

A
retail license
e may contract with
an MMTC
that has a

1139
transportation license to transport marijuana between properties

1140
owned by the
retail license
e,
to
deliver the marijuana
for sale

1141
or dispensing
, and
to
pick up returns of marijuana.

1142
6.
Onsite consumption
or administration
of marijuana at a

1143
dispensing
facility is prohibited.

1144
7.
1
6
.
When dispensing marijuana or a marijuana delivery
1145 device,
an MMTC licensed for retail

a
medical marijuana

1146
treatment center
:
1147 a. May dispense any active, valid order for low-THC
1148 cannabis, medical cannabis and cannabis delivery devices issued
1149 pursuant to former s. 381.986, Florida Statutes 2016, which was
1150 entered into the medical marijuana use registry before July 1,
1151 2017.
1152 b. May not dispense more than
one

a
70-day supply of
1153 marijuana within any 70-day period to a qualified patient or
1154 caregiver
and
.
may not dispense more than one 35-day supply of
1155 marijuana in a form for smoking within any 35-day period to a
1156 qualified patient or caregiver. A 35-day supply of marijuana in
1157 a form for smoking may not exceed 2.5 ounces unless an exception
1158 to this amount is approved by the department pursuant to
1159 paragraph (4)(f).
1160 c.
Shall require

Must have
the
MMTC’s

medical marijuana

1161
treatment center’s
employee who dispenses the marijuana or a
1162 marijuana delivery device
to
enter into the medical marijuana
1163 use registry his or her name or unique employee identifier.
1164 d.
Shall

must
verify
before dispensing to a qualified

1165
patient or caregiver
that the qualified patient and
, if

1166
applicable,
the caregiver
, if applicable,
each have an active
1167 registration in the medical marijuana use registry and an active
1168 and valid medical marijuana use registry identification card
;

1169
that
,
the amount and type of marijuana dispensed matches the
1170 physician certification in the medical marijuana use registry
1171 for that qualified patient
;
,
and
that
the physician
1172 certification has not already been filled.
1173 e.
Shall, before dispensing to a qualified patient or

1174
caregiver,
label the marijuana or the marijuana delivery device

1175
with t
he name of the physician who issued the physician

1176
certification and the name of the patient
for whom the

1177
certification was issued
.

1178
f
.
May not dispense marijuana to a qualified patient
who is

1179 younger than 18 years of age. If the qualified patient is
1180 younger than 18 years of age, marijuana may
only
be dispensed
1181
only
to the qualified patient’s caregiver.
1182
g.

May sell marijuana to an adult 21 years of age or older

1183
pursuant to s. 381.9901, provided that the MMTC is registered

1184
with the Department of Business and Professional Regulation

1185
pursuant to that section. When selling marijuana pursuant to

1186
that section, the employee selling the marijuana must determine

1187
that the appearance of the buyer is such that a prudent person

1188
would believe the buyer to be 21 years of age or older or must

1189
carefully check the buyer’s driver license, identification card

1190
issued by this state or another state of the United States,

1191
passport, or United States Armed Services identification card to

1192
determine the buyer’s age. Other than for the purpose of

1193
determining a buyer’s age, an MMTC may not request or store any

1194
personal information provided by the buyer.

1195
h
.
f.
May not dispense or sell any
other type of cannabis,

1196 alcohol
,
or illicit drug-related product
, in
cluding pipes or

1197
wrapping papers
made with tobacco or hemp,

other than a

1198
marijuana delivery device required for the medical use of

1199
marijuana and which is specified in a physician certification
.
1200
i
.
g.

Shall

Must
, upon dispensing the marijuana or marijuana
1201 delivery device
to a qualified patient or caregiver
, record in
1202 the registry the date, time, quantity, and form of marijuana
1203 dispensed; the type of marijuana delivery device dispensed; and
1204 the name and medical marijuana use registry identification
1205 number of the qualified patient or caregiver to whom the
1206 marijuana delivery device was dispensed.
1207
j
.
h.

Shall

Must
ensure that patient records are not visible
1208 to anyone other than the qualified patient, his or her
1209 caregiver, and authorized
MMTC

medical marijuana treatment

1210
center
employees.
1211
(e)
(f)

Security.
—
To ensure the safety and security of
1212 premises where the cultivation, processing, storing, or
1213 dispensing of marijuana occurs, and to maintain adequate
1214 controls against the diversion, theft, and loss of marijuana or
1215 marijuana delivery devices,
an MMTC

a medical marijuana

1216
treatment center
shall
do all of the following
:
1217 1.a. Maintain a fully operational security alarm system
1218 that secures all entry points and perimeter windows and is
1219 equipped with motion detectors; pressure switches; and duress,
1220 panic, and hold-up alarms
.
; and

1221 b. Maintain a video surveillance system that records
1222 continuously
,
24 hours a day
,
and meets
all of
the following
1223 criteria:
1224 (I) Cameras are fixed in a place that allows for the clear
1225 identification of persons and activities in controlled areas of
1226 the premises. Controlled areas include grow rooms, processing
1227 rooms, storage rooms, disposal rooms or areas, and point-of-sale
1228 rooms.
1229 (II) Cameras are fixed in entrances and exits to the
1230 premises
in a place that allows recording
, which
must
record

1231 from both indoor and outdoor, or ingress and egress, vantage
1232 points.
1233 (III)
Images are
recorded
images

must
clearly and
1234 accurately display the time and date
of recording
.
1235
c.
(IV)
Retain video surveillance recordings for at least 45
1236 days or longer upon the request of a law enforcement agency.
1237 2. Ensure that the
MMTC’s

medical marijuana treatment

1238
center’s
outdoor premises have sufficient lighting from dusk
1239 until dawn.
1240 3. Ensure that the indoor premises where dispensing occurs
1241
include

includes
a waiting area with sufficient space and
1242 seating to accommodate qualified patients and caregivers and at
1243 least one private consultation area that is isolated from
both

1244 the waiting area and
the
area where dispensing occurs.
An MMTC

A

1245
medical marijuana treatment center
may not display products or
1246 dispense marijuana or marijuana delivery devices in the waiting
1247 area.
1248 4.
Cease dispensing

Not dispense from its premises

1249 marijuana or
a
marijuana delivery
devices from its premises

1250
device
between the hours of
11 p.m.

9 p.m.
and 7 a.m., but may
1251 perform all other operations and deliver marijuana to qualified
1252 patients 24 hours a day.
1253 5. Store marijuana in a secured, locked room or a vault.
1254 6. Require at least two of its employees, or two employees
1255 of a security agency with whom it contracts, to be on the
1256 premises
at all times
where cultivation, processing, or storing
1257 of marijuana occurs
, at all times
.
1258 7. Require each employee or contractor to wear a photo
1259 identification badge at all times while on the premises.
1260 8. Require each visitor to wear a visitor pass at all times
1261 while on the premises.
1262 9. Implement an alcohol and drug-free workplace policy.
1263 10. Report to
a
local law enforcement
agency
and notify the
1264 department through e-mail within 24 hours after the
MMTC

medical

1265
marijuana treatment center
is notified or becomes aware of any
1266 actual or attempted theft, diversion, or loss of marijuana.
1267
(f
)
Transportation licenses; vehicle permits.
—

1268
1.

A

registered
MMTC may apply for a transportation

1269
license. When applying, the MMTC
must
provide the department

1270
with, at a minimum,
all of the following:

1271
a
. The physical address of the
MMTC
’s place of business
.

1272
b
.

Proof
that the MMTC has
a documentation system in

1273
accordance with the required seed-to-sale tracking system,

1274
including transportation manifests, for
transporting
marijuana

1275
between licensed facilities and to
qualified
patients
.

1276
Transportation manifests may be electronically stored and

1277
presented.

1278
c
. Proof of
the MMTC’s

compliance with
health and

1279
sanitation standards for the transportation of marijuana
.

1280
d
. Proof that all marijuana transported between licensed

1281
facilities will be transported in tamper-evident shipping

1282
containers.

1283
2.

An MMTC with a transportation license may not transport

1284
marijuana
on the property of an airport, a seaport, a spaceport,

1285
or any property of the Federal Government.

1286
3.
A
n MMTC with a transportation license
may transport

1287
marijuana
and marijuana delivery devices
only in a vehicle that

1288
is owned or leased by the
MMTC or the MMTC’s
contractor and for

1289
which a valid vehicle permit has been issued by the department.

1290
4.

An MMTC with a transportation license may obtain a

1291
vehicle permit upon submission of an
application. The MMTC
shall

1292
designate

as the driver for each permitted vehicle
an employee

1293
or contracted employee
who is registered with the department and

1294
who is authorized to possess marijuana when not on the property

1295
of the MMTC
. Such designation must be displayed
in the vehicle

1296
at all times. Each permitted vehicle must be monitored using GPS

1297
technology. A

vehicle
permit remains valid and does not expire

1298
unless the MMTC or its contractor disposes of the permitted

1299
vehicle or the MMTC’s registration or transportation license is

1300
transferred, canceled, not renewed, or revoked by the

1301
department. The department shall cancel a vehicle permit upon

1302
the request of the MMTC or its contractor.

1303
5.

When
transport
ing
marijuana,
a
permitted vehicle is

1304
subject to inspection and search without a search warrant by

1305
authorized employees of the department, sheriffs, deputy

1306
sheriffs, police officers, or other law enforcement officers to

1307
determine
whether
the MMTC is operating in compliance with this

1308
section.

1309
6.

An MMTC
with a transportation license may deliver, or

1310
contract for the delivery of, marijuana
and marijuana delivery

1311
devices
to
other MMTCs within this state,

to qualified
patients

1312
and caregivers within
this
state
, and to adults 21 years of age

1313
or older within this state
.

A county or municipality may not

1314
prohibit deliveries of marijuana
or marijuana delivery devices

1315
to
qualified
patients
or caregivers
within
that
county or

1316
municipality
.
Deliveries may be made
only
to the
qualified

1317
patient who placed the order o
r
his or her caregiver.
When

1318
delivering to a qualified patient or caregiver, an MMTC
or its

1319
contractor
shall
verify the identity of the
qualified
patient

1320
upon placement of the delivery order and
,
again
,
upon delivery.

1321
When delivering marijuana to an adult 21 years of age or older,

1322
an MMTC or its contractor shall verify the age of the buyer upon

1323
placement of the order and again upon delivery. In order to

1324
verify the age of the buyer, the MMTC must determine that the

1325
appearance of the buyer is such that a prudent person would

1326
believe the buyer to be 21 years of age or older or must

1327
carefully check the buyer’s driver license, identification card

1328
issued by this state or another state of the United States,

1329
passport, or United States Armed Services identification card to

1330
determine the buyer’s age.
The department shall adopt rules

1331
specific to the delivery of marijuana
which
include
both of the

1332
following
:

1333
a
.

Procedures for verifying the
age and
identity of the

1334
person
placing an order
and receiving a delivery,
as

1335
appropriate,
including required training for delivery personnel
.

1336
b
.

A maximum
dispensary
value for all marijuana

and

1337
currency tha
t may be in the possession of a registered
MMTC

1338
employee or contractor while
he or she makes
a delivery. The

1339
maximum
value established by rule may not be less than $5,000.

1340
7.

Licensees under this subsection may use contractors to

1341
assist with the transportation of marijuana
.

A
licensee is

1342
ultimately responsible for all actions and operations of each

1343
contractor relating to the transportation of marijuana and must

1344
know the location of all marijuana
products
at all times.
To

1345
participate in the operations of a licensee under this

1346
subsection, a principal or an employee of a contractor

1347
contracted by the licensee must first register with the

1348
department under subsection (9) and be issued an MMTC employee

1349
identification card
.

1350 (g)
Facility permits.
—

1351
1. Before cultivating, processing, dispensing, or storing

1352
marijuana at any location, an MMTC shall apply to the department

1353
for the applicable facility permit for that location. The

1354
department shall adopt by rule an application form. Upon

1355
receiving a request for a permit from a licensee, the department

1356
shall inspect the facility for compliance with this section and

1357
rules adopted hereunder and, upon a determination of compliance,

1358
shall issue a permit to the facility. The department shall issue

1359
or deny a facility permit within 30 days after receiving the

1360
request for the permit.

1361
2.
A facility permit expires 2 years after the date it is

1362
issued. E
ach facility must be inspected by the department for

1363
compliance with
this section and
department
rules
before the

1364
facility’s permit is renewed.

1365
3.
If a faci
lity permit expires or is suspended or revoked,

1366
the
MMTC
must cease all
applicable
operations
at that facility

1367
until the department
inspects the facility and
renews or

1368
reinstates the facility’s permit
.

1369
4. Cultivation

facilities and processing facilities:

1370
a. Shall maintain insurance with at least $1 million of

1371
hazard and liability insurance per location; and

1372
b. Must be secure, closed to the pub
lic, and
,

unless an

1373
ordinance allows a facility to be located closer,
located at

1374
least 1,000 feet away from any existing public or
private

1375
elementary or secondary school, child care facility as defined

1376
in s. 402.302, or licensed service provider offering substance

1377
abuse services.

1378
5. All matters regarding the permitting and regulation of

1379
cultivation facilities and processing facilities, including the

1380
location of such facilities, are preempted to the state.

1381
6. Dispensing

facilities and storage facilities:

1382
a. Shall maintain insurance with at least $500,000 of

1383
hazard and liability insurance for each facility where marijuana

1384
is dispensed or stored; and

1385
b. Unless an ordinance allows a facility to be located

1386
closer, must be located at least 1,000 feet away from any

1387
existing public or private elementary or secondary school, child

1388
care facility as defined in s. 402.302, or licensed service

1389
provider offering substance abuse services.

1390
7.
The governing body of a county or municipality, by

1391
ordinance,
may prohibit

or limit the number of dispensing

1392
facilities
located within its jurisdiction
but may not prohibit

1393
an MMTC
with a
retail license or its permitted storage facility

1394
from
being located
within its jurisdiction if the licensee is

1395
deliver
ing or contracting to deliver
marijuana
to qualified

1396
patients
within th
at
jurisdiction. The department may not issue

1397
a
facility
permit for a
dispensing
facility in a county or

1398
municipality
in which
the board of county commissioners o
r other

1399
local governing body, as applicable,
has adopted such an

1400
ordinance. A county or municipality may

not require, request, or

1401
accept financial contributions or similar benefits from MMTCs;

1402
however, in addition to other taxes authorized by law, a
county

1403
or municipality may levy a local business tax on a
dispensing

1404
facility. An ordinance adopted by a municipality or county

1405
pursuant to this paragraph may not
do any of the following
:

1406
a.
Provide exclusive access to one or several individuals

1407
or entities to operate
dispensing
facilities within the

1408
jurisdiction.

1409
b.
Prohibit specific individuals or entities from operating

1410
a
dispensing
facility within the jurisdiction if the ordinance

1411
allows
dispensing
facilities to operate in the jurisdiction.

1412
c.
Prohibit the delivery of marijuana within the

1413
jurisdiction by a properly licensed MMTC located within the

1414
jurisdiction.

1415
8. The department may adopt by rule additional requirements

1416
for the permitting of cultivation, processing, dispensing, and

1417
storage facilities to ensure the sanitary, safe, and secure

1418
cultivation, processing, dispensing, storage, and sale of

1419
marijuana

To ensure the safe transport of marijuana and

1420
marijuana delivery devices to medical marijuana treatment

1421
centers, marijuana testing laboratories, or qualified patients,

1422
a medical marijuana treatment center must:

1423
1. Maintain a marijuana transportation manifest in any

1424
vehicle transporting marijuana. The marijuana transportation

1425
manifest must be generated from a medical marijuana treatment

1426
center’s seed-to-sale tracking system and include the:

1427
a. Departure date and approximate time of departure
.

1428
b. Name, location address, and license number of the

1429
originating medical marijuana treatment center.

1430
c. Name and address of the recipient of the delivery.

1431
d. Quantity and form of any marijuana or marijuana delivery

1432
device being transported.

1433
e. Arrival date and estimated time of arrival.

1434
f. Delivery vehicle make and model and license plate

1435
number.

1436
g. Name and signature of the medical marijuana treatment

1437
center employees delivering the product.

1438
(I) A copy of the marijuana transportation manifest must be

1439
provided to each individual, medical marijuana treatment center,

1440
or marijuana testing laboratory that receives a delivery. The

1441
individual, or a representative of the center or laboratory,

1442
must sign a copy of the marijuana transportation manifest

1443
acknowledging receipt.

1444
(II) An individual transporting marijuana or a marijuana

1445
delivery device must present a copy of the relevant marijuana

1446
transportation manifest and his or her employee identification

1447
card to a law enforcement officer upon request.

1448
(III) Medical marijuana treatment centers and marijuana

1449
testing laboratories must retain copies of all marijuana

1450
transportation manifests for at least 3 years.

1451
2. Ensure only vehicles in good working order are used to

1452
transport marijuana.

1453
3. Lock marijuana and marijuana delivery devices in a

1454
separate compartment or container within the vehicle.

1455
4. Require employees to have possession of their employee

1456
identification card at all times when transporting marijuana or

1457
marijuana delivery devices.

1458
5. Require at least two persons to be in a vehicle

1459
transporting marijuana or marijuana delivery devices, and

1460
require at least one person to remain in the vehicle while the

1461
marijuana or marijuana delivery device is being delivered.

1462
6. Provide specific safety and security training to

1463
employees transporting or delivering marijuana and marijuana

1464
delivery devices
.
1465 (h)
Advertising.
—An MMTC

A medical marijuana treatment

1466
center
may not engage in advertising that is visible to members
1467 of the public from any street, sidewalk, park, or other public
1468 place, except:
1469 1.
An MMTC dispensing facility

The dispensing location
of A

1470
medical marijuana treatment center
may have a sign
that is

1471 affixed to the outside or hanging in the window of the premises
1472 which identifies the
dispensing facility

dispensary
by the
1473 licensee’s business name, a department-approved trade name, or a
1474 department-approved logo.
An MMTC’s

A medical marijuana

1475
treatment center’s
trade name and logo may not contain wording
1476 or images that are attractive to children
or which promote

1477
recreational use of marijuana
.
1478 2.
An MMTC

A medical marijuana treatment center
may engage
1479 in Internet advertising and marketing under the following
1480 conditions:
1481 a. All advertisements must be approved by the department.
1482 b. An advertisement may not have any content that is
1483 attractive to children or which promotes the recreational use of
1484 marijuana.
1485 c. An advertisement may not be an unsolicited pop-up
1486 advertisement.
1487 d. Opt-in marketing must include an easy and permanent opt
1488 out feature.
1489 (i)
Online retail catalogs.
—
Each
retail MMTC

medical

1490
marijuana treatment center
that dispenses marijuana and
1491 marijuana delivery devices shall make
all of the following

1492 available to the public on its website:
1493 1. Each marijuana and low-THC product available for
1494 purchase, including the form, strain of marijuana from which it
1495 was extracted, cannabidiol content, tetrahydrocannabinol
1496 content, dose unit, total number of doses available, and the
1497 ratio of cannabidiol to tetrahydrocannabinol for each product.
1498 2. The price for a 30-day, 50-day, and 70-day supply at a
1499 standard dose for each marijuana and low-THC product available
1500 for purchase.
1501 3. The price for each marijuana delivery device available
1502 for purchase.
1503 4. If applicable, any discount policies and eligibility
1504 criteria for such discounts.
1505 (j)
Sourcing of marijuana for medical use.
—MMTCs

Medical

1506
marijuana treatment centers
are the sole source from which a
1507
person

qualified patient
may legally obtain marijuana.
1508 (k)
Rulemaking.
—
The department may adopt rules pursuant to
1509 ss. 120.536(1) and 120.54 to implement this subsection.
1510 (9)
MEDICAL MARIJUANA TREATMENT CENTER
PERSONNEL
;

1511
REGISTRATION
;
EMPLOYEE IDENTIFICATION CARDS.—

1512
(a)

T
he department shall adopt rules
to administer
the

1513
registration of
MMTC
principals, employees, and contractors who

1514
participate in the operations of
an
MMTC. Before hiring or

1515
contracting with any individual who is not registered with the

1516
department or who does not possess a current MMTC employee

1517
identification card,
an MMTC

must

apply to the department

to

1518
regist
er
that person as
an MMTC
employee. The department shall

1519
adopt by rule a form for such applications
for registration,

1520
which
must
require the applicant to provide all of the

1521
following:

1522
1.

His or her full legal name, social security number, date

1523
of birth, and home address
.

1524
2.

A full-face, passpor
t-type, color photograph of the

1525
applicant
taken within 90 days immediately preceding
submission

1526
of the applicatio
n
.

1527
3.

Proof that he or she has passed a level 2 background

1528
screening pursuant to chapter 435 within the previous year
.

1529
4.

An indication as to w
hether the applicant will be

1530
authorized by the MMTC to possess marijuana while not on MMTC

1531
property.

1532
(b)

Once the department has received a completed

1533
application
form
from
an MMTC
, the department shall register the

1534
principal, employee, or contractor associated with the MMTC and

1535
issue him or her
an MMTC
employee identification card that, at a

1536
minimum, includes all of the following:

1537
1.

The employee’s name and the name of the MMTC that

1538
employs him or her
.

1539
2.

The employee’s photograph, as required under paragraph

1540
(a)
.

1541
3. The expiration date of the card, which
must be
1 year

1542
after the date
it is issued.

1543
4.

An indication of w
hether the employee is authorized by

1544
the MMTC to possess marijuana while not on MMTC property.

1545
(c)

If any information provided to the department for the

1546
registration of
an MMTC
principal, employee, or contractor or in

1547
the application for
an MMTC
employee identification card

1548
changes
,
or if the registered person’s
employment
status with

1549
the MMTC changes, the registered person and the MMTC must

1550
provide
the department with the new information or status within

1551
7 days after the change.

1552
(d)

The department may contract with one or more vendors

1553
for the purpose of issuing MMTC employee identification cards

1554
under this subsection

BACKGROUND SCREENING.—An individual

1555
required to undergo a background screening pursuant to this

1556
section must pass a level 2 background screening as provided

1557
under chapter 435, which, in addition to the disqualifying

1558
offenses provided in s. 435.04, shall exclude an individual who

1559
has an arrest awaiting final disposition for, has been found

1560
guilty of, regardless of adjudication, or has entered a plea of

1561
nolo contendere or guilty to an offense under chapter 837,

1562
chapter 895, or chapter 896 or similar law of another

1563
jurisdiction.

Exemptions from disqualification as provided under

1564
s. 435.07 do not apply to this subsection
.

1565
(a) Such individual must submit a full set of fingerprints

1566
to the department or to a vendor, entity, or agency authorized

1567
by s. 943.053(13). The department, vendor, entity, or agency

1568
shall forward the fingerprints to the Department of Law

1569
Enforcement for state processing, and the Department of Law

1570
Enforcement shall forward the fingerprints to the Federal Bureau

1571
of Investigation for national processing.

1572
(b) Fees for state and federal fingerprint processing and

1573
retention shall be borne by the
medical marijuana treatment

1574
center or caregiver, as applicable
. The state cost for

1575
fingerprint processing shall be as provided in s. 943.053(3)(e)

1576
for records provided to persons or entities other than those

1577
specified as exceptions therein.

1578
(c) Fingerprints submitted to the Department of Law

1579
Enforcement pursuant to this subsection shall be retained by the

1580
Department of Law Enforcement as provided in s. 943.05(2)(g) and

1581
(h) and, when the Department of Law Enforcement begins

1582
participation in the program, enrolled in the Federal Bureau of

1583
Investigation’s national retained print arrest notification

1584
program. Any arrest record identified shall be reported to the

1585
department
.
1586 (10) MEDICAL MARIJUANA TREATMENT CENTER INSPECTIONS;
1587 ADMINISTRATIVE ACTIONS.—
1588 (a)
The department shall conduct announced or unannounced

1589
inspections of medical marijuana treatment centers to determine

1590
compliance with this section or rules adopted pursuant to this

1591
section.

1592
(b)

The department shall inspect
a m
edical marijuana

1593
treatment center
Upon receiving a complaint or notice that
an

1594
MMTC

the medical marijuana treatment center
has dispensed
1595 marijuana containing mold, bacteria, or
any
other contaminant
1596 that may cause or has caused an adverse effect to human health
1597 or the environment
,
the department shall inspect
the
M
MTC,
its

1598
facilities,
and, as appropriate, any cultivation or processing

1599
facility of the MMTC from which the batch of marijuana was

1600
purchased
.
1601
(b)
(c)
The department shall conduct at least a biennial
1602 inspection of each
MMTC

medical marijuana treatment center
to
1603 evaluate
its

the
medical marijuana treatment center’s
records,
1604 personnel, equipment, processes, security measures, sanitation
1605 practices, and quality assurance practices.
1606
(c)
The de
partment shall conduct at least a biennial

1607
inspection of each permitted facility. T
he department may

1608
conduct additional announced or unannounced inspections of a

1609
permitted facility
within
reasonable hours in order to ensure

1610
compliance with
this section and rules adopted hereunder
.

1611 (d) The Department of Agriculture and Consumer Services and
1612 the department shall enter into an interagency agreement to
1613 ensure cooperation and coordination in the performance of their
1614 obligations under this section and their respective regulatory
1615 and authorizing laws. The department, the Department of Highway
1616 Safety and Motor Vehicles, and the Department of Law Enforcement
1617 may enter into interagency agreements for the purposes specified
1618 in this subsection or subsection (7).
1619 (e) The department shall publish a list of all approved
1620
MMTCs

medical marijuana treatment centers
, medical directors,
1621 and qualified physicians on its website.
1622 (f) The department may impose
administrative penalties,

1623
including
reasonable fines not to exceed $10,000
,
on
an MMTC

a

1624
medical marijuana treatment center
for any of the following
1625 violations:
1626 1. Violating this section or department rule.
1627 2. Failing to maintain qualifications for approval.
1628 3. Endangering the health, safety, or security of a
1629 qualified patient
or an adult purchasing marijuana pursuant to

1630
s. 381.9901
.
1631 4. Improperly disclosing personal and confidential
1632 information of the qualified patient.
1633 5. Attempting to procure
MMTC

medical marijuana treatment

1634
center
approval by bribery, fraudulent misrepresentation, or
1635 extortion.
1636 6. Being convicted or found guilty of, or entering a plea
1637 of guilty or nolo contendere to, regardless of adjudication, a
1638 crime in any jurisdiction which directly relates to the business
1639 of
an MMTC

a medical marijuana treatment center
.
1640 7. Making or filing a report or record that the
MMTC

1641
medical marijuana treatment center
knows to be false.
1642 8. Willfully failing to maintain a record required by this
1643 section or department rule.
1644 9. Willfully impeding or obstructing an employee or agent
1645 of the department in the furtherance of his or her official
1646 duties.
1647 10. Engaging in fraud or deceit, negligence, incompetence,
1648 or misconduct in the business practices of
an MMTC

a medical

1649
marijuana treatment center
.
1650 11. Making misleading, deceptive, or fraudulent
1651 representations in or related to the business practices of
an

1652
MMTC

a medical marijuana treatment center
.
1653 12. Having a license or the authority to engage in any
1654 regulated profession, occupation, or business that is related to
1655 the business practices of
an MMTC

a medical marijuana treatment

1656
center
suspended, revoked, or otherwise acted against by the
1657 licensing authority of any jurisdiction, including its agencies
1658 or subdivisions, for a violation that would constitute a
1659 violation under Florida law.
1660 13. Violating a lawful order of the department or an agency
1661 of the state, or failing to comply with a lawfully issued
1662 subpoena of the department or an agency of the state.
1663
14.

Failing to determine adequately the age of a buyer who

1664
is not a qualified patient or caregiver.

1665 (g) The department may suspend, revoke, or refuse to renew
1666
an MMTC’s

registration, operating licenses, and any vehicle

1667
permits or facility permits

a medical marijuana treatment cente
r

1668
license
if the
MMTC

medical marijuana treatment center
commits
1669 any of the violations
specified
in paragraph (f).
1670
(h)

The department shall refuse to renew the cultivation,

1671
processing, retail, or transportation license of an MMTC that

1672
has not begun to cultivate, process, dispense, or transport

1673
marijuana, as applicable, by the date that the MMTC is required

1674
to renew such license.

1675
(i)
(h)
The department may adopt rules pursuant to ss.
1676 120.536(1) and 120.54 to implement this subsection.
1677 (11) PREEMPTION.—Regulation of cultivation, processing, and
1678 delivery of marijuana by
MMTCs

medical marijuana treatment

1679
centers
is preempted to the state except as provided in this
1680 subsection.
1681 (a)
An MMTC

A medical marijuana treatment center

1682 cultivating or processing facility may not be located within 500
1683 feet of the real property that comprises a public or private
1684 elementary school, middle school, or secondary school.
1685 (b)1. A county or municipality may, by ordinance, ban
MMTC

1686
medical marijuana treatment center
dispensing facilities from
1687 being located within the boundaries of that county or
1688 municipality. A county or municipality that does not ban
1689 dispensing facilities under this subparagraph may not place
1690 specific limits, by ordinance, on the number of dispensing
1691 facilities that may locate within that county or municipality.
1692 2. A municipality may determine by ordinance the criteria
1693 for the location of, and other permitting requirements that do
1694 not conflict with state law or department rule for,
MMTC

medical

1695
marijuana treatment center
dispensing facilities located within
1696 the boundaries of that municipality. A county may determine by
1697 ordinance the criteria for the location of, and other permitting
1698 requirements that do not conflict with state law or department
1699 rule for, all such dispensing facilities located within the
1700 unincorporated areas of that county. Except as provided in
1701 paragraph (c), a county or municipality may not enact ordinances
1702 for permitting or for determining the location of dispensing
1703 facilities which are more restrictive than its ordinances
1704 permitting or determining the locations for pharmacies licensed
1705 under chapter 465. A municipality or county may not charge
an

1706
MMTC

a medical marijuana treatment center
a license or permit
1707 fee in an amount greater than the fee charged by such
1708 municipality or county to pharmacies. A dispensing facility
1709 location approved by a municipality or county pursuant to former
1710 s. 381.986(8)(b), Florida Statutes 2016, is not subject to the
1711 location requirements of this subsection.
1712 (c)
An MMTC

A medical marijuana treatment center
dispensing
1713 facility may not be located within 500 feet of the real property
1714 that comprises a public or private elementary school, middle
1715 school, or secondary school unless the county or municipality
1716 approves the location through a formal proceeding open to the
1717 public at which the county or municipality determines that the
1718 location promotes the public health, safety, and general welfare
1719 of the community.
1720 (d) This subsection does not prohibit any local
1721 jurisdiction from ensuring
that MMTC

medical marijuana treatment

1722
center
facilities comply with the Florida Building Code, the
1723 Florida Fire Prevention Code, or any local amendments to the
1724 Florida Building Code or the Florida Fire Prevention Code.
1725 (12) PENALTIES.—
1726 (a) A qualified physician commits a misdemeanor of the
1727 first degree, punishable as provided in s. 775.082 or s.
1728 775.083, if
he or she

the qualified physician
issues a physician
1729 certification for the medical use of marijuana for a patient
1730 without a reasonable belief that the patient is suffering from a
1731 qualifying medical condition.
1732 (b) A person who fraudulently represents that he or she has
1733 a qualifying medical condition to a qualified physician for the
1734 purpose of being issued a physician certification commits a
1735 misdemeanor of the first degree, punishable as provided in s.
1736 775.082 or s. 775.083.
1737 (c)
1.
A
person

qualified patient
who uses marijuana, not
1738 including low-THC cannabis, or a caregiver who administers
1739 marijuana, not including low-THC cannabis, in plain view of or
1740 in a place open to the general public
is subject to a civil fine

1741
not exceeding $100.

1742
2. A person who uses marijuana, not including low-THC

1743
cannabis,
;
in a school bus, a
moving
vehicle,
or
an aircraft,
or

1744
a boat
;
or on the grounds of a school except as provided in s.
1745 1006.062, commits a misdemeanor of the first degree, punishable
1746 as provided in s. 775.082 or s. 775.083.
1747 (d) A
person

qualified patient or caregiver
who cultivates
1748 marijuana or who purchases
or acquires
marijuana from any person
1749 or entity other than
an MTMC

a medical marijuana treatment

1750
center
violates s. 893.13 and is subject to the penalties
1751 provided therein.
1752 (e)
1. A qualified patient or caregiver in possession of

1753
marijuana or a marijuana delivery device who fails or refuses to

1754
present his or her marijuana use registry identification card

1755
upon the request of a law enforcement officer commits a

1756
misdemeanor of the second degree, punishable as provided in s.

1757
775.082 or s. 775.083, unless it can be determined through the

1758
medical marijuana use registry that the person is authorized to

1759
be in possession of that marijuana or marijuana delivery device.

1760
2. A person charged with a violation of this paragraph may

1761
not be convicted if, before or at the time of his or her court

1762
or hearing appearance, the person produces in court or to the

1763
clerk of the court in which the charge is pending a medical

1764
marijuana use registry identification card issued to him or her

1765
which is valid at the time of his or her arrest. The clerk of

1766
the court is authorized to dismiss such case at any time
before

1767
the defendant’s appearance in court. The clerk of the court may

1768
assess a fee of $5 for dismissing the case under this paragraph.

1769
(f)
A caregiver who violates any of the applicable
1770 provisions of this section or applicable department rules, for
1771 the first offense, commits a misdemeanor of the second degree,
1772 punishable as provided in s. 775.082 or s. 775.083 and, for a
1773 second or subsequent offense, commits a misdemeanor of the first
1774 degree, punishable as provided in s. 775.082 or s. 775.083.
1775
(f)
(g)
A qualified physician who issues a physician
1776 certification for marijuana or a marijuana delivery device and
1777 receives compensation from
an MMTC

a medical marijuana treatment

1778
center
related to the issuance of a physician certification for
1779 marijuana or a marijuana delivery device is subject to
1780 disciplinary action under the applicable practice act and s.
1781 456.072(1)(n).
1782
(g)
(h)
A person transporting marijuana or marijuana
1783 delivery devices on behalf of
an MMTC

a medical marijuana

1784
treatment center
or
a
marijuana testing laboratory who fails or
1785 refuses to present a transportation manifest
, whether in paper

1786
or electronic format,
upon the request of a law enforcement
1787 officer commits a misdemeanor of the second degree, punishable
1788 as provided in s. 775.082 or s. 775.083.
1789
(h)
(i)
Persons and entities conducting activities
1790 authorized and governed by this section and s. 381.988 are
1791 subject to ss. 456.053, 456.054, and 817.505, as applicable.
1792
(i)
(j)
A person or entity that cultivates, processes,
1793 distributes, sells, or dispenses marijuana, as defined in s.
1794 29(b)(4), Art. X of the State Constitution, and is not licensed
1795 as
an MMTC

a medical marijuana treatment center
violates s.
1796 893.13 and is subject to the penalties provided therein.
This

1797
paragraph does not apply to a transfer of marijuana products or

1798
marijuana
which is
authorized by this section, s. 381.
9901
, or

1799
s. 893.13.

1800
(j)
(k
)
A person who manufactures, distributes, sells,
1801 gives, or possesses with the intent to manufacture, distribute,
1802 sell, or give marijuana or a marijuana delivery device that he
1803 or she holds out to have originated from a licensed
MMTC

medical

1804
marijuana treatment center
but that is counterfeit commits a
1805 felony of the third degree, punishable as provided in s.
1806 775.082, s. 775.083, or s. 775.084. For the purposes of this
1807 paragraph, the term “counterfeit” means marijuana; a marijuana
1808 delivery device; or a marijuana or marijuana delivery device
1809 container, seal, or label which, without authorization, bears
1810 the trademark, trade name, or other identifying mark, imprint,
1811 or device, or any likeness thereof, of a licensed
MMTC

medical

1812
marijuana treatment center
and which thereby falsely purports or
1813 is represented to be the product of, or to have been distributed
1814 by, that licensed
MMTC

medical marijuana treatment facility
.
1815
(k)
(l)

A

Any
person who possesses or manufactures a blank,
1816 forged, stolen, fictitious, fraudulent, counterfeit, or
1817 otherwise unlawfully issued medical marijuana use registry
1818 identification card commits a felony of the third degree,
1819 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1820 (14) EXCEPTIONS TO OTHER LAWS.—
1821 (a) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
1822 any other
provision of
law, but subject to the requirements of
1823 this section, a qualified patient and the qualified patient’s
1824 caregiver may purchase from
an MMTC

a medical marijuana

1825
treatment center
for the patient’s medical use a marijuana
1826 delivery device and up to the amount of marijuana authorized in
1827 the physician certification, but may not possess more than a 70
1828 day supply of marijuana, or the greater of 4 ounces of marijuana
1829 in a form for smoking or an amount of marijuana in a form for
1830 smoking approved by the department pursuant to paragraph (4)(f),
1831 at any given time and all marijuana purchased must remain in its
1832 original packaging.
1833 (b) Notwithstanding paragraph (a), s. 893.13, s. 893.135,
1834 s. 893.147, or any other
provision of
law, a qualified patient
1835 and the qualified patient’s caregiver may purchase and possess a
1836 marijuana delivery device intended for the medical use of
1837 marijuana by smoking from a vendor other than
an MMTC

a medical

1838
marijuana treatment center
.
1839 (c) Notwithstanding s. 893.13, s. 893.135, s. 893.147, or
1840 any other
provision of
law, but subject to the requirements of
1841 this section, an approved
MMTC

medical marijuana treatment

1842
center
and its owners, managers, and employees may manufacture,
1843 possess, sell, deliver, distribute, dispense, and lawfully
1844 dispose of marijuana or a marijuana delivery device as provided
1845 in this section, s. 381.988,
s. 381.9901,
and by department
1846 rule. For the purposes of this subsection, the terms
1847 “manufacture,” “possession,” “deliver,” “distribute,” and
1848 “dispense” have the same meanings as provided in s. 893.02.
1849 (f) A licensed
MMTC

medical marijuana treatment center
and
1850 its owners, managers, and employees are not subject to licensure
1851 or regulation under chapter 465 or chapter 499 for
1852 manufacturing, possessing, selling, delivering, distributing,
1853 dispensing, or lawfully disposing of marijuana or a marijuana
1854 delivery device, as provided in this section, in s. 381.988, and
1855 by department rule.
1856
(17) Rules adopted pursuant to this section before July 1,

1857
202
6
, are not subject to ss. 120.54(3)(b) and 120.541. This

1858
subsection expires July 1, 202
6
.

1859 Section 3. Section 381.9901, Florida Statutes, is created
1860 to read:
1861
381.990
1

Adult
u
se of
m
arijuana
.—

1862
(1)

A

person
21 years of age or older may purchase
in a

1863
single transaction marijuana products containing up to 2,000

1864
milligrams of tetrahydrocannabinol; up to
2.5 ounces of

1865
marijuana
in a form for smoking;
and one or more marijuana

1866
delivery devices, as defined in s. 381.986
, provided that such

1867
marijuana products, marijuana in a form for smoking, and

1868
marijuana delivery devices are purchased from
a medical

1869
marijuana treatment center
(MMTC)

that is
licensed
by the

1870
department
pursuant to s. 381.986
for the retail sale of

1871
marijuana and registered with the Department of Business and

1872
Professional Regulation for the sale of marijuana for adult use.

1873
A violation of this subsection is punishable as provided in s.

1874
893.13.

1875
(2)

A person 21 years of age or older who purchases

1876
marijuana products, marijuana in a form for smoking, or

1877
marijuana delivery devices in accordance with subsection (1) may

1878
possess, use, transport, and transfer, without consideration, to

1879
another person 21 years of age or older such products or

1880
devices. However, a person may not at any time possess
marijuana

1881
products that
, in total,
con
tain more than 2,000 milligrams
of

1882
tetrahydrocannabinol or
more than 4 ounces of marijuana in a

1883
form for smoking. A violation of this subsection is punishable

1884
as provided in s. 893.13.

1885
(3)

This section does not limit the ability of a private

1886
property owner to restrict the smoking or vaping of marijuana on

1887
his or her private property; however, a landlord may not prevent

1888
his or her tenants from possessing or using marijuana by other

1889
means.

1890
(4)

This section does not exempt a person from prosecution

1891
for a criminal offense related to impairment or intoxication

1892
resulting from the use of marijuana or relieve a person from any

1893
requirement under law to submit to a breath, blood, or urine

1894
test or any other test to detect the presence of a controlled

1895
substance.

1896 Section 4. Subsections (5) through (8) are added to section
1897 604.71, Florida Statutes, to read:
1898 604.71 Local regulation of vegetable gardens.—
1899
(5)

A qualified patient
as defined in s. 381.986
who is at

1900
least 21 years of age may
cultivate
up to
six

flowering
cannabis

1901
plants
at his or her residence
for personal consumption
and

1902
noncommercial purposes.

1903
(
6
)

A
qualified patient
a
s defined in s. 381.986
who is at

1904
least 21 years of age may purchase medical marijuana seeds and

1905
clones from a licensed medical marijuana treatment center.

1906
(
7
)

A qualified patient

as defined in s. 381.986
who

1907
cultivates cannabis shall ensure
that
the plants are
secured
in

1908
a manner
to prevent access
by
unauthorized persons. The
personal

1909
consumption
of cannabis cultivated
at a qualified patient’s

1910
residence is
subject to
the limitations on medical use or

1911
administration of marijuana as specified in

s. 381.986
(1)(k)
.

1912
(
8
)

The sale of patient-cultivated cannabis plants and

1913
products

and cultivation of cannabis
by patients
beyond
the

1914
limits
specified
in this section
is subject to the penalties

1915
outlined
in
chapter 893.

1916 Section 5.
T
he Department of Agriculture and Consumer

1917
Services shall
adopt rules pursuant to
ss. 120.536(1) and

1918
120.54
, Florida Statutes, regulating the
cultivation of

1919
marijuana by members of the public for
their
private use,

1920
including
rules regulating
the use of a cooperative model
for

1921
cultivation
. The department shall
adopt the rules no later than

1922
October 1, 2026
.
This section takes effect upon this act

1923
becoming a law.

1924 Section 6. Subsection (3) and paragraphs (a) and (b) of
1925 subsection (6) of section 893.13, Florida Statutes, are amended
1926 to read:
1927 893.13 Prohibited acts; penalties.—
1928 (3)
(a)
A person
21 years of age or older may, without

1929
consideration, deliver to another person 21 years of age or

1930
older:

1931
1. Marijuana products that contain a total of 2,000

1932
milligrams or less of tetrahydrocannabinol; and

1933
2.

A quantity of 2.5 ounces or less of cannabis, as defined

1934
in this chapter.

1935
(b)

A person younger than 21 years of age who, without

1936
consideration, delivers to another person marijuana products

1937
that contain a total of 2,000 milligrams or less of

1938
tetrahydrocannabinol or a quantity of 2.5 ounces or less of

1939
cannabis, as defined in this chapter, commits a misdemeanor of

1940
the second degree, punishable as provided in s. 775.082 or s.

1941
775.083, for a first conviction for a violation of this

1942
paragraph and commits a misdemeanor of the first degree,

1943
punishable as provided in s. 775.082 or s. 775.083, for a second

1944
or subsequent conviction for a violation of this paragraph

who

1945
delivers, without consideration, 20 grams or less of cannabis,

1946
as defined in this chapter, commits a misdemeanor of the first

1947
degree, punishable as provided in s. 775.082 or s. 775.083. As

1948
used in this subsection, the term “cannabis” does not include

1949
the resin extracted from the plants of the genus
Cannabis

or any

1950
compound manufacture, salt, derivative, mixture, or preparation

1951
of such resin
.
1952 (6)(a)
Except as otherwise provided in this subsection,
a
1953 person may not be in actual or constructive possession of a
1954 controlled substance unless such controlled substance was
1955 lawfully obtained from a practitioner or pursuant to a valid
1956 prescription or order of a practitioner while acting in the
1957 course of his or her professional practice or to be in actual or
1958 constructive possession of a controlled substance except as
1959 otherwise authorized by this chapter. A person who violates this
1960 provision commits a felony of the third degree, punishable as
1961 provided in s. 775.082, s. 775.083, or s. 775.084.
1962 (b)
1
.

A
person 21 years of age or older may possess

1963
marijuana products that contain a total of
2,000 milligrams

or

1964
less
of tetrahydrocannabinol and
may possess
4 ounces
or less
of

1965
cannabis,
as defined in this chapter

If the offense is the

1966
possession of 20 grams or less of cannabis, as defined in this

1967
chapter, the person commits a misdemeanor of the first degree,

1968
punishable as provided in s. 775.082 or s. 775.083. As used in

1969
this subsection, the term “cannabis” does not include the resin

1970
extracted from the plants of the genus
Cannabis
, or any compound

1971
manufacture, salt, derivative, mixture, or preparation of such

1972
resin
.
1973
2.

A person under 21 years of age
who possesses marijuana

1974
products that contain a total of
2,000 milligrams

or less
of

1975
tetrahydrocannabinol or who possesses
4
ounces
or less
of

1976
cannabis, as defined in this chapter, commits a misdemeanor of

1977
the second degree, punishable as provided in s. 775.082 or s.

1978
775.083, for a first
conviction for a
violation of this

1979
paragraph and a misdemeanor of the first degree, punishable as

1980
provided in s. 775.082 or s. 775.083, for a second or subsequent

1981
conviction for a
violation of this paragraph.

1982 Section 7. Section 893.1352, Florida Statutes, is created
1983 to read:
1984
893.1352

Retroactive application
of
s.

893.13.
—

1985
(1) It is the intent of the Legislature to apply
amendments

1986
to s. 893.13
retroactively to certain persons who were convicted

1987
of possession of cannabis before
January 1, 2027.

1988
(2) As used in this section, a reference to

“
f
ormer s.

1989
893.13
, Florida Statutes 2026,
” is a reference to s. 893.13 as

1990
it existed at any time before January 1,
2027.

1991
(3)(a) A person who
was convicted of a violation of
former

1992
s. 893.13
, Florida Statutes 2026, for
possessing 4 ounces or

1993
le
ss of cannabis as defined in chapter
893, but was not

1994
sentenced under
that section
before
January 1, 2027
, must be

1995
sentenced in accordance with s. 775.082, s. 775.083
,
or s.

1996
775.084 for the degree of offense
provided in s. 893.13.

1997
(b) A person who
was convicted of a violation of
former s.

1998
893.13
, Florida Statutes 2026, for
possessing 4 ounces or less

1999
of cannabis as de
fined in chapter
893,
who
was
sentenced before

2000
January 1, 2027
, to a term of imprisonment or probation pursuant

2001
to former s. 893.13,
Florida Statutes 2026,
and who is serving

2002
the term of imprisonment or probation on or after J
anuary 1,

2003
2027
, must have an opportunity for a sentence review hearing. If

2004
the person requests a sentence review hearing
,
he or she must be

2005
resentenced in accordance with paragraph (c).

2006
(c) Resentencing under this section must occur in the

2007
following manner:

2008
1. The Department of Corrections shall notify the person

2009
described in paragraph (b) of his or her eligibility to reques
t

2010
a sentence review hearing.

2011
2.
A
person seeking sentence review under this section may

2012
submit an application to the court of original jurisdiction

2013
requesting that a sentence review hearing be held. The

2014
sentencing court
retains
original jurisdiction for the duration

2015
of
the sentence for the purpose of this review.

2016
3.

A person who is eligible for a sentence review hearing

2017
under this section is entitled to r
epresentation by legal

2018
counsel.
If the person is indigent and unable to employ counsel,

2019
the court
must

appoint counsel under s. 27.52.
Determination
s
of

2020
indigence and costs of representation
are as
provided
in ss.

2021
27.52 and 938.29, respectively.

2022
4. Upon receipt of a request for a sentence review hearing,

2023
the court of original jurisdiction shall hold
such
hearing to

2024
determine
whether
the person meets the criteria for resentencing

2025
under this section.
If the court determines by a
preponderance

2026
of the evidence that the person is currently serving a sentence

2027
for a violation of former s. 893.13,
Florida Statutes 2026,
and

2028
that the violation was for possession of cannabis in the amount

2029
of 4 ounces or less, the court
must
resentence the person in

2030
accordance with this section. If the court determines that the

2031
person does not meet
the
criteria for resentencing under this

2032
section, the court must provide written findings
as to why
the

2033
person does not meet the criteria.

2034
5. If the court finds that the underlying facts of
a

2035
conviction th
at is subject to resentencing are
classified as a

2036
crime under
s.
893.13,

the person must be resentenced to a term

2037
that would not exceed the maximum sentence provided by
that

2038
section
. The person is entitled to receive credit for his or her

2039
time served.

2040
6. If the court finds that the underlying facts of
a

2041
conviction th
at is subject to resentencing are
not classified as

2042
a crime under
s.
893.13
,
the person must be resentenced to time

2043
served and released from supervision
as soon as reasonably

2044
possible.

2045
(4)

Notwithstanding any other law, a person who has been

2046
convicted of a crime under former s. 893.13
, Florida Statutes

2047
2026,
and whose offense would not be classified as a crime under

2048
s.
893.13,
must have all fines, fees, and costs related to such

2049
conviction waived
.

2050 Section 8. Present subsections (5), (6), and (7) of section
2051 893.147, Florida Statutes, are redesignated as subsections (6),
2052 (7), and (8), respectively, a new subsection (5) is added to
2053 that section, and subsections (1), (2), and (4) of that section
2054 are amended, to read:
2055 893.147 Use, possession, manufacture, delivery,
2056 transportation, advertisement, or retail sale of drug
2057 paraphernalia, specified machines, and materials.—
2058 (1) USE OR POSSESSION OF DRUG PARAPHERNALIA.—
Except as

2059
provided in subsection (5),
it is unlawful for any person to
2060 use, or to possess with intent to use, drug paraphernalia:
2061 (a) To plant, propagate, cultivate, grow, harvest,
2062 manufacture, compound, convert, produce, process, prepare, test,
2063 analyze, pack, repack, store, contain, or conceal a controlled
2064 substance in violation of this chapter; or
2065 (b) To inject, ingest, inhale, or otherwise introduce into
2066 the human body a controlled substance in violation of this
2067 chapter.
2068
2069 Any person who violates this subsection is guilty of a
2070 misdemeanor of the first degree, punishable as provided in s.
2071 775.082 or s. 775.083.
2072 (2) MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA.—
Except

2073
as provided in subsection (5),
it is unlawful for any person to
2074 deliver, possess with intent to deliver, or manufacture with
2075 intent to deliver drug paraphernalia, knowing, or under
2076 circumstances where one reasonably should know, that it will be
2077 used:
2078 (a) To plant, propagate, cultivate, grow, harvest,
2079 manufacture, compound, convert, produce, process, prepare, test,
2080 analyze, pack, repack, store, contain, or conceal a controlled
2081 substance in violation of this act; or
2082 (b) To inject, ingest, inhale, or otherwise introduce into
2083 the human body a controlled substance in violation of this act.
2084
2085 Any person who violates this subsection is guilty of a felony of
2086 the third degree, punishable as provided in s. 775.082, s.
2087 775.083, or s. 775.084.
2088 (4) TRANSPORTATION OF DRUG PARAPHERNALIA.—
Except as

2089
provided in subsection (5),
it is unlawful to use, possess with
2090 the intent to use, or manufacture with the intent to use drug
2091 paraphernalia, knowing or under circumstances in which one
2092 reasonably should know that it will be used to transport:
2093 (a) A controlled substance in violation of this chapter; or
2094 (b) Contraband as defined in s. 932.701(2)(a)1.
2095
2096 Any person who violates this subsection commits a felony of the
2097 third degree, punishable as provided in s. 775.082, s. 775.083,
2098 or s. 775.084.
2099
(5)

ACTS INVOLVING A MARIJUANA DELIVERY DEVICE.—

2100
(a) A person 21 years of age or older may possess, use,

2101
transport, or deliver, without consideration, to a
nother
person

2102
21 years of age or older a marijuana delivery device as defined

2103
in s. 381.986.

2104
(b) A person
younger than
21 years of age who possesses,

2105
uses, transports, or delivers, without consideration, a

2106
marijuana delivery device as defined in s. 381.986 commits a

2107
misdemeanor of the second degree, punishable as provided in s.

2108
775.082 or s. 775.083 for a first conviction
for
a violation of

2109
this paragraph and a misdemeanor of the first degree, punishable

2110
as provided in s. 775.082 or s. 775.083, for a second or

2111
subsequent conviction
for
a violation of this paragraph.

2112 Section 9. Section 943.0586, Florida Statutes, is created
2113 to read:
2114
943.0586

Cannabis
e
xpunction.—

2115
(1)

DEFINITIONS
.—
As used in this section, the term:

2116
(a) “Cannabis” has the same mean
ing as provided in chapter

2117
893.

2118
(
b
) “Expunction” has the same meaning
and effect as

2119
provided
in s. 943.0585.

2120
(
c
) “Former s. 893.13
, Florida Statutes 2026,
” is a

2121
reference to s. 893.13 as it existed at any time before
January

2122
1, 2027
.

2123
(2) ELIGIBILITY.—Notwithstanding any other law, a person is

2124
eligible to petition a court to expunge a criminal history

2125
record for the conviction
for

a violation of
former s. 893.13
,

2126
Florida Statutes 2026,
if:

2127
(a)

The person received a withhold
ing
of adjudication or
an

2128
adjudication of guilt for a violation of former
s.
893.13,

2129
Florida Statutes 2026,
for
the possession of cannabis;

2130
(b)

The person possess
ed 4 ounces or less of cannabis; and

2131
(c)

The person is no longer under court supervision
related

2132
to the disposition of arrest or alleged criminal activity
to

2133
which the petition to expunge pertains.

2134
(3) CERTIFICATE OF ELIGIBILITY
.
—Before petitioning a court

2135
to expunge a criminal history record under this section, a

2136
person seeking to expunge
such
record must apply to the

2137
department for a certificate of eligibility for expunction. The

2138
department shall adopt rules to establish procedures for

2139
applying for and issuing a certificate of eligibility for

2140
expunction.

2141
(a) The department shall issue a certificate of eligibility

2142
for expunction to a person who is the subject of a criminal

2143
history record under this section, if that person:

2144
1. Satisfies the eligibi
lity criteria in subsection (2);

2145
2. Has submitted to the department a written certified

2146
statement from the appropriate state attorney or statewide

2147
prosecutor which confirms the criminal history record complies

2148
with
the eligibility criteria in subsection (2); and

2149
3. Has submitted to the department a certified copy of the

2150
disposition of the charge to which t
he petition to expunge

2151
pertains.

2152
(b) A certificate of eligibility for expunction is valid

2153
for 12 months after the date
of issuance
stamped by the

2154
department on the certificate. After that time, the petitioner

2155
must reapply to the department for a n
ew certificate of

2156
eligibility.
The petitioner’s status and the law in effect at

2157
the time of the renewal application determine the petitioner’s

2158
eligibility.

2159
(4) PETITION.—Each petition to expunge a criminal history

2160
record must be accompanied by:

2161
(a) A valid certificate of eligibility issued by the

2162
department.

2163
(b) The petitioner’s sworn statement that he or she:

2164
1. Satisfies the eligibility requirements f
or expunction in

2165
subsection (2); and

2166
2. Is eligible for expunction to the best of his or her

2167
knowledge.

2168
(5)
PENALTY.—
A person who knowingly provides false

2169
information on
his or her
sworn statement
submitted with a

2170
petition to expunge
commits a felony of the third degree,

2171
punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2172
(6
) COURT AUTHORITY.—

2173
(a)

The courts of this state have jurisdiction over their

2174
own procedures, including the maintenance, expunction
,
and

2175
correction of judicial records containing criminal history

2176
information
,
to the extent that such procedures are not

2177
inconsistent with the conditions, responsibilities
,
and duties

2178
established by this section.

2179
(b) A court of competent jurisdiction shall order a

2180
criminal justice agency to expunge the criminal history record

2181
of a person who complies with this secti
on.
The court may not

2182
order a criminal justice agency to expunge a criminal history

2183
record under this section until the person seeking to expunge a

2184
criminal history record has applied for and received a

2185
certificate of eligibility under subsection (3).

2186
(c)

Expunction granted under this section does not pre
clude

2187
the person who receives such relief from petition
ing
for the

2188
expunction or sealing of a later criminal history record as

2189
provided for in ss. 943.0583, 943.0585, and 943.059, if the

2190
person is otherwise el
igible under those sections.

2191
(7
) PROCESSING OF A PETITION OR AN ORDER.—

2192
(a) In judicial proceedings under this section, a copy of

2193
the completed petition to expunge
must
be served upon the

2194
appropriate state attorney or the statewide prosecutor and upon

2195
the arresting agency; however, it is not necessary to make any

2196
agency other than the state a party. The appropriate state

2197
attorney or the statewide prosecutor and the arresting agency

2198
may respond to the court regarding the completed petition to

2199
expunge.

2200
(b)

If relief is granted by the court, the clerk of the

2201
court shall certify copies of the order to the appropriate state

2202
attorney or the statewide prosecutor and the arresting agency.

2203
The arresting agency shall forward the order to any other agency

2204
to which the arresting agency disseminated the criminal history

2205
record informatio
n to which the order pertains.
The department

2206
shall forward the order to expunge to the Federal Bureau of

2207
Investigation. The clerk of the court shall certify a copy of

2208
th
e order to any other agency that
the records of the court

2209
reflect has received the criminal history record from the court.

2210
(c)

The department or any other criminal justice agency is

2211
not required to act on an order to expunge entered by a court
if

2212
such order does not
meet
th
e requirements of this section.
Upon

2213
receipt of such an order, the department
shall
notify the

2214
issuing court, the appropriate state attorney or statewide

2215
prosecutor, the petitioner or the petitioner’s attorney, and the

2216
arresting agency of the reason for noncompliance. The

2217
appropriate state attorney or statewide prosecutor shall take

2218
action within 60 days to correct the record and petition the

2219
court to void the order. No cause of action, including contempt

2220
of court,
may
arise against any criminal justice agency for

2221
failure to comply with an order to expunge
if
the petitioner for

2222
such order failed to obtain the certificate of eligibility as

2223
required by this section or such order does not otherwise
meet

2224
th
e requirements of this section.

2225
(8
) EFFECT OF
CANNABIS
EXPUNCTION ORDER.—

2226
(a
)

The person who is the subject of a criminal history

2227
record that is expunged under this section may lawfully deny or

2228
fail to acknowledge
any

arrest

or
conviction covered by the

2229
expunged record, except
if
the
person who is the
subject of the

2230
record:

2231
1. Is a candidate for employment with a criminal justice

2232
agency;

2233
2. Is a defendant in a criminal prosecution;

2234
3. Concurrently or subsequently petitions for relief under

2235
this section, s. 943.0583, s. 943.0585
, or s. 943.059
;

2236
4. Is a candidate for admission to The Florida Bar;

2237
5. Is seeking to be employed or licensed by or to contract

2238
with the Department of Children and Families, the Division of

2239
Vocational Rehabilitation within the Department of Education,

2240
the Agency for Health Care Administration, the Agency for

2241
Persons with Disabilities, the Department of Health, the

2242
Department of Elderly Affairs, or the Department of Juvenile

2243
Justice or to be employed or used by such contractor or licensee

2244
in a sensitive position having direct contact with children,

2245
persons with disabilities
, or the elderly;

2246
6. Is seeking to be employed or licensed by the Department

2247
of Education, any district school board, any university

2248
laboratory school, any charter school, any private or parochial

2249
school, or any local governmental entity that licenses child

2250
care facilities;

2251
7. Is seeking to be licensed by the Division of Insurance

2252
Agent and Agency Services within the Department of Financial

2253
Services; or

2254
8. Is seeking to be appointed as a guardian pursuant to s.

2255
744.3125.

2256
(b
)

A
person who has been granted an expunction under this

2257
section
and who is authorized under paragraph (a) to lawfully

2258
deny
or fail to acknowledge the arrest
s and convictions covered

2259
by an
expunged record may not be held under any law of this

2260
state to
have
commit
ted
perjury or to be otherwise liable for

2261
giving a false statement by reason of
his or her
failure to

2262
recite or acknowledge an expunged criminal history record
.

2263 Section 10. Section 893.15, Florida Statutes, is amended to
2264 read:
2265 893.15 Rehabilitation.—Any person who violates s.
2266 893.13(6)(a)
or (b)
relating to possession may, in the
2267 discretion of the trial judge, be required to participate in a
2268 substance abuse services program approved or regulated by the
2269 Department of Children and Families pursuant to the provisions
2270 of chapter 397, provided the director of such program approves
2271 the placement of the defendant in such program. Such required
2272 participation shall be imposed in addition to any penalty or
2273 probation otherwise prescribed by law. However, the total time
2274 of such penalty, probation, and program participation
may

shall

2275 not exceed the maximum length of sentence possible for the
2276 offense.
2277 Section 11. Except as otherwise expressly provided in this
2278 act and except for this section, which shall take effect upon
2279 becoming a law, this act shall take effect January 1, 2027.
Availability of Marijuana for Adult Use

Plain English Breakdown

Availability of Marijuana for Adult Use

What This Bill Does

Who It Names or Affects

Terms To Know

Limits and Unknowns

Bill History

Official Summary Text

Current Bill Text
